Loading...
HomeMy WebLinkAboutContract 61079City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 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: Panther Island Sanitary Sewer Collector Main – Project No. 105247. 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 $268,395.00 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 Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 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. Designation of Engineer’s Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER’s “Project Manager” prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 3 of 15 (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. E. 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. F. 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 City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 4 of 15 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. G. 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. H. 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. City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 5 of 15 I. 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. J. 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 (as codified in Chapter 20, Article X of the City’s Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 6 of 15 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 effect as of the time copying is performed. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 7 of 15 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. Q. 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. City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 8 of 15 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER’s negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification 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. City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 9 of 15 (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. 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. City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 10 of 15 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. 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, City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 11 of 15 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 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 City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 12 of 15 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. 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” City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 13 of 15 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 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas Panther Island Sanitary Sewer Main Standard Agreement for Engineering Related Design Services CPN 105247 Revised Date: 12-08-2023 Page 14 of 15 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. 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: CITY OF FORT WORTH )'"""",..,,.;.c...__ Fernando CostaAssistant City Manager Date: Mar 8, 2024 ATTEST: rA� Jannette Goodall City Secretary APPROVAL RECO MMENDED: CbrisfooberHarde r By�hristopher Hardfr(Mar 8, 202412:21 CST) Christopher Harder, P.E. Director, Water Department BY: ENGINEER Kimley-Horn and Associates, Inc. John Atkins, P. E. Vice President Date: 03/08/2024 APPROVED AS TO FORM AND LEGALITY Form 1295 No.: 2023-1107358 By: Douglas Black (Mar 8, 202417:49 CST) M&C No.: 24-0175Douglas W Black Sr. Assistant City Attorney M&C Date: February 27, 2024 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. / IXiMn <t?�t� Liam Conlon Project Manager City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 15 of 15 Panther Island Sanitary Sewer Main CPN 105247 ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 1 OF 17 ATTACHMENT “A” Scope for Engineering Design Related Services for Sanitary Sewer Relocations DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 General Scope of Services The scope set forth herein defines the work to be performed by the ENGINEER in conjunction with the PROJECT. Both the CITY and ENGINEER have attempted to define services to be performed and address the needs of the PROJECT through August of 2025. OBJECTIVE The objective of this PROJECT is to add capacity to the existing sanitary sewer that is in conflict with the Panther Island Redevelopment Project. WORK TO BE PERFORMED Task 1. Design/Program Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services (not included) Task 7. ROW/Easement Services Task 8. Survey Services Task 9. Permitting TASK 1. DESIGN/PROGRAM MANAGEMENT Anticipated durations 9 months (February 2024 thru October 2024) 1.1 Kick-Off Meeting: Attend one (1) pre-design PROJECT kickoffs for Design PROJECT Parts with CITY staff to confirm and clarify scope and objectives. 1.2 City Reporting: A. Progress Reports B. Monthly Schedule Update: Prepare nine (9) monthly PROJECT schedule status updates to be provided to both CITY. The design schedule will not be cost loaded with the ENGINEER’s fees. C. M/WBE Reporting: Complete nine (9) Monthly M/WBE Report Forms for the CITY. Submit M/WBE Change forms as necessary for any changes in M/WBE Status. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 2 OF 17 D. Monthly Invoice: Prepare nine (9) monthly invoices that meet the CITY invoice format requirements. 1.3 Deliverables A. Meeting Notes for Kickoff Meetings B. Monthly M/WBE Reporting to CITY C. Meeting Notes and action items from CITY Monthly coordination meeting D. CITY Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly invoices 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. Plan and profile exhibits including aerial at a scale of 1” = 40’. Profile will be based upon LiDAR data. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 3 OF 17 Approximately 4 sheets for the sewer mains Estimates of probable construction cost. ASSUMPTIONS 2 (two) copies of the conceptual design package (30% design) will be delivered and will consist of 11x17 Exhibit and email summarizing alignment and design considerations. ENGINEER will prepare meeting notes ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT) Complete Preliminary Design based on information developed or obtained during Task 2 – Conceptual Design and Task 8 – Surveying Services. Sewer Relocations Name Size Range Length (LF) Panther Island Sewer Collector 18”-30” 2,900 Sewer Subtotal 2,900 LF Total 2,900 LF 3.1 Preliminary Design Drawings: Preliminary Design Drawings will include the following Sheets: A. Cover Sheet B. Sheet Index and General Notes 1. CITY’s General Notes as found on eBuilder. 2. PROJECT Part Specific Notes: Add notes, as required, to meet the specific needs of the PROJECT Part. C. Shutdown and Phasing Notes D. Control Points and Benchmarks in accordance with Task 8 – Survey Services ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 4 OF 17 E. Overall Location Map and Sheet Reference for Proposed Sewer Lines F. Overall Existing Sewer Line Map G. Overall Existing Sewer Line Abandonment Plan H. Overall Proposed Easement Map I. Preliminary Sanitary Sewer Plan and Profile Sheets: (4 Sheets) Wastewater lines shall be designed in accordance with the CITY Design Standards for wastewater lines, and in accordance with TCEQ requirements as depicted in Chapter 217 of the TAC. Plan and Profile Sheets shall include proposed: 1. Sanitary sewer lines: plan and profile 2. Manholes and junction structures 3. Sewer line sizes 4. Sewer line grades 5. Sewer service lines and sizes a. Make provisions to reconnect all wastewater services 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. b. 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. c. 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 ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 5 OF 17 contract documents shall specify that it is the Contractor’s responsibility to coordinate utility location, etc. manhole construction. d. The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation or replacement that are not already included in the D-section of the CITY’s specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 6. Connections to existing sewer lines 7. Identify structures that will require special details in Task 4 – Final Design 8. By-pass pumping locations 9. Casing limits and size 10. Proposed limits of the utility trench and pavement removal and replacement J. In general, PROJECT Part Plan and Profile Sheets shall include the following: 1. Existing conditions as identified in Task 8 – Survey Services 2. CITY standard border 3. CITY sewer Project number 4. North arrow 5. Graphic scale 6. Engineers Preliminary Seal 7. No less than Two (2) benchmarks per plan/profile sheet 8. General notes and sheet notes 3.2 Stakeholder Progress Update Meetings: Conduct stakeholder meetings during Preliminary Design when design of the proposed improvements directly affects the property owner’s operations. 3.3 Geotechnical Investigations: Perform a geotechnical analysis of the boring site utilizing a qualified geotechnical laboratory to determine subsurface conditions. Provide recommendations regarding foundation design parameters. The geotechnical analysis will include the following: A. Subsurface exploration 1. Three (3) bores up to 40-ft deep B. Laboratory tests for classification purposes and strength characteristics. 1. Moisture content and soil identification 2. Percent passing #200 sieve 3. Liquid and plastic limit determinations ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 6 OF 17 4. Unconfined compression tests on soil 5. Unconfined compression tests on rock 6. Unit weight determinations 7. Absorption pressure and/or one-point pressure swell tests C. The geotechnical report will present the results of the field and laboratory data as well as analyses and recommendations. The data contained in the geotechnical report will be made available to contractors during the bidding process for information purposes. The report will address: 1. General soil and ground water conditions 2. Comments on general soil and rock excavation 3. Earthwork and Trench recommendations 4. Lateral Earth Pressure for Blocking 5. Pavement Design recommendations, where required 3.4 Environmental Analysis A. Perform a Limited Phase II investigation in the following locations: 1. Fourteen (14) soil borings along the sanitary sewer alignment. Two (2) soil borings will be converted into temporary monitoring wells. B. Samples will be tested to identify total petroleum hydrocarbons (TPH), volatile organic compounds (VOCs) and other chemicals of concern (COCs) and will be compared to the Texas Risk Reduction Program (TRAP) protective concentration levels. 3.5 Special Structural Design: Develop Design (60 percent) calculations, drawings, specifications, for the following special structures A. Two (2) Junction Structure 3.6 Constructability Review and Site Visit A. Prior to the preliminary design review meeting with the CITY, schedule and attend a PROJECT Part site visit with the CITY Project Manager and Construction personnel. Prepare meeting notes capturing the CITY’s comments from the site visit. B. The PROJECT requires coordination with other Fort Worth Central City Projects. Review modifications to the other Fort Worth Central City Project submittals to verify there are no changes affecting the existing and/or proposed water and wastewater infrastructure. 3.7 Utility Clearance A. Coordinate with the CITY’s Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities and government agencies to determine the approximate location of above and underground utilities and other facilities that have an impact or influence on the PROJECT Part. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 7 OF 17 Design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible, consider potential future utilities in designs. B. Upload one (1) set of the approved preliminary construction plans to eBuilder for the CITY’s Utility Coordinator to forward to all utility companies which have facilities within the limits of the PROJECT Part. 3.8 Opinion of Probable Construction Cost: (OPCC) D. Prepare an opinion of probable construction cost updated to reflect preliminary design. The OPCC should separate the cost based on CITY fund account numbers: water, sewer, storm water, and streets. Line item cost should be based on CITY standard bid items. 3.9 Deliverables A. Six (6) copies of the Preliminary Design Package will be delivered to CITY for each PROJECT Part. Four (4) copies will include full size (22” x 34”) plan sheets and Two (2) copies will include half size (11” x 17”) plan sheets. B. One (1) PDF Copy of the Preliminary Design Package uploaded to eBuilder for each PROJECT Part. C. One (1) Copy of the Opinion of Probable Construction Cost (OPCC) for each PROJECT Part 3.10 Preliminary Design Review Meeting A. Conduct two (2) review meetings with the CITY to review Preliminary Design and receive comments from the CITY. TASK 4. FINAL DESIGN (90 PERCENT PLANS) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT PLANS) Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: Sewer Relocations Name Size Range Length (LF) Panther Island Sewer Collector 18”-30” 2,900 Sewer Subtotal 2,900 LF Total 2,900 LF 4.1 Preliminary Design Comments A. Incorporate comments from Task 3 – Preliminary Design (included in previous contract) from the CITY as well as Utility Clearance in the Final Design Documents. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 8 OF 17 4.2 Final Design (90 Percent Plans): Each plan sheet shall be sealed, dated, and signed by an Engineer licensed in State of Texas with appropriate Firm Registration Number. A. Cover Sheet B. Sheet Index and General Notes C. Bypass Pumping/Phasing Notes D. Overall Existing Water Line Map E. Overall Existing Sewer Line Map F. Overall Existing Sewer Line Abandonment Plan G. Overall Location Map and Sheet Reference for Proposed Sewer Lines H. Overall Existing Sewer Line Abandonment Plan I. Control Points and Benchmarks in accordance with Task 8 – Survey Services (included in a previous contract) J. Subsurface Utility Engineering Maps K. Sewer Plan and Profile Sheets: (4 sheets) In addition to the information identified in Task 3 – Preliminary Design, the following information should be added to the Plan and Profile sheet to communicate the design. 1. Stationing for proposed sewer lines 2. Noting of Design Features - Plan a. Stationing of the feature b. Name of Feature c. X and Y NAD 83 coordinates d. Reference to appropriate CITY Standard Details, or PROJECT Part Specific Details 3. Noting of Design Features – Profile a. Stationing of the feature b. Name of the feature c. Elevation in the Profile (at 50’ intervals) d. Provide flow line elevations for sewer lines e. Reference to Standard or PROJECT Part Specific Details 4. Pavement Restoration a. Indicate the limits of pavement removal and replacement in accordance with CITY Pavement Replacement Policy. Limits should reflect all improvements which require pavement cuts including: b. Sanitary sewer lines ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 9 OF 17 c. Structures: manholes, vaults and others d. Service lines e. Abandonment of existing utilities f. Indicate the type of patch to be performed and reference the appropriate standard detail. 5. Backfill: Indicated the type and locations of the design trench backfill 6. By Other than Open Cut Installation: Design tunnel/bore including casing/tunnel liner plate minimum thickness and inside diameter, shafts, allowable methods, control of ground water, and appropriate tolerances with the chosen method. Indicate the following on the plan and profile sheets: a. Casing or Tunnel Line Plate Thickness b. Jacking Shaft and Receiving Shaft Location L. Standard Details: Incorporate Standard Details into the construction plans as required by the PROJECT Part scope M. PROJECT Part Specific Details: Prepare PROJECT Part specific details 7. By-Pass Pumping: [One (1) Details] Provide size, and details for by-pass pumping 8. Manhole Junction Structures: [Two (2) Structures] Provide manhole junction structure structural design and details (assumes only top slab) 9. Storm Structure Modifications: [Zero (0) Structure] Provide structural design and details N. Traffic Control Plans (TCP): 1. TCP: Prepare TCP [One (1) Sheet] based on the MUTCD and the CITY’s Standard details. 2. CITY Standard Details: Incorporate CITY Standard detail sheets in the Construction plans as required. 3. PROJECT Part Specific Details: Prepare Specific Traffic Control Details as required by the PROJECT Part. O. Erosion Control Plans: [Three (3) Sheets] Provide erosion control plans in accordance with CITY and TCEQ requirements. 4.3 Final Design Project Manual: Prepare a Project manual in accordance with the CITY’s standards as found on the CITY’s eBuilder site. Prepare the following according to the requirements of the PROJECT Part. A. Division 00 1. Invitation to Bid: Modify/complete the Invitation to Bidders as required by the PROJECT Part. 2. Instructions to Bidders: Modify/complete the Instructions to Bidders as required by the PROJECT Part. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 10 OF 17 3. Bid Form: Prepare the PROJECT Part Bid Form using the standard CITY bid items as located on the CITY’s eBuilder site. 4. Supplementary Conditions: Modify/complete supplemental conditions for the PROJECT Part including insurance requirements, construction time, and liquidated damages. B. Division 01 1. Modify/complete Division 01 requirements for inclusion in the Project manual and in accordance with the requirements of the PROJECT Part. C. Division 02-49 1. Modify/complete Division 02-49 requirements for inclusion in the Project manual and in accordance with the requirements of the PROJECT Part. D. Non-Standard Specifications E. Prepare specifications for requirements which are not included in the CITY standard specifications for inclusion in the Project manual and in accordance with the requirements of the PROJECT Part. Appendix: Include the following with Project Manual Appendix: 1. Easements 2. Permits 3. Geotechnical Investigation 4. Paving Cores 5. Limited Phase II Environmental Analysis 4.4 Opinion of Probable Construction Cost (OPCC) A. Prepare an OPCC updated to reflect Final Design. The OPCC should separate the cost based on CITY fund account numbers: water, sewer, storm water, and streets. Line item cost should be based on CITY standard bid items. 4.5 Stakeholder Meetings: Conduct stakeholder meetings during Final Design when the proposed improvements directly affect the property owner’s operations. 4.6 CITY Plan Review Submittals A. Pavement Removal and Replacement: Submit Plans to the CITY’s TPW department for review of proposed pavement removal and replacement. B. Traffic Control Plans: Submit Plans to the CITY’s TPW department for review of proposed traffic control measures. 4.7 Construction Plan Review Meetings A. Constructability Review: Conduct one (1) review meeting(s) with CITY Project manager and the CITY Inspector to receive comments. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 11 OF 17 B. Wastewater Operational Review: Conduct one (1) review meeting(s) with Water Department Field Operation wastewater personnel to review impacts on the wastewater system and to review proposed by-pass pumping. C. TRWD Review: Conduct one (1) review meeting(s) with TRWD personnel to review impacts and coordination with the entire TRWD Project. 4.8 Construction Documents: Based on the various meetings and reviews revise the final design plans and Project manual to produce the Final Construction Documents for Bidding. 4.9 Deliverables A. Six (6) copies of the 90% Design Package will be delivered to CITY for each PROJECT Part. Four (4) copies will include full size (22” x 34”) plan sheets and zero (0) copies will include half size (11” x 17”) plan sheets. B. One (1) PDF copy of the Final Design Package uploaded to eBuilder for each PROJECT Part. C. One (1) copy of the Opinion of Probable Construction Cost (OPCC) for each PROJECT Part D. One (1) mylar cover Sheet for Signatures by CITY for each PROJECT Part E. Six (6) copies of the 100% Design Package will be delivered to CITY for each PROJECT Part. Four (4) copies will include full size (22” x 34”) plan sheets and two (2) copies will include half size (11” x 17”) plan sheets. F. Electronic Version of 100% Construction Plans and Project Manual will be delivered as the As-bid set. Construction plans will be in DWF and PDF format and the Project Manual will be in PDF format for each PROJECT Part. TASK 5. BID PHASE SERVICES Name Bid Packages Panther Island Sewer Collector 1 Total 1 5.1 General A. Bidding Documents are planned for each PROJECT Part. B. Services below will be performed for each bid set. 5.2 Advertisement A. The CITY will publish the Invitation to Bidders in the local paper of record. 5.3 Issuing Bid Sets ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 12 OF 17 A. Make available at an agreed location sufficient copies of the Bidding Documents to distribute to potential bidders. B. Upload Bidding Documents to eBuilder or electronic distribution C. The ENGINEER may charge a non-refundable fee up to $100 per set of Bidding Documents. D. Issue Bidding Documents to four (4) Plan Rooms as determined by the CITY. E. Maintain a log of all plan holders. 5.4 Request for Information A. Receive requests for information from prospective bidders and maintain a log of bidder’s significant questions. B. Provide technical interpretations of the Contract Documents. C. Send written clarifications to all plan holders. 5.5 Addenda A. Issue Addenda as necessary when clarifications require a modification to the Contract Documents. 5.6 Pre-bid Meeting A. Conduct a pre-bid meeting for the PROJECT as indicated in the Table above. 5.7 Bid Opening A. Attend bid opening held at the CITY. 5.8 Recommendation of Award A. Obtain Bidder’s proposals from the CITY. B. Review all bids for completeness and prepare a bid tabulation of all Bidder proposals. C. Evaluate the apparent low bidder and the two (2) subsequent low bidders. D. Verify the qualification and the acceptability of the low bidder. E. Prepare a letter to the CITY with a recommendation of award. 5.9 Conformance Documents A. Incorporate all addenda into the construction plans and the project manual. 5.10 Contract Execution A. Prepare three (3) copies of the conformed Construction Documents for the bid package to be executed by the CITY and the Contractor per bid package. 5.11 Deliverables A. Addenda and Clarifications B. Upload to eBuilder bidding documents (construction plans and project manuals). ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 13 OF 17 C. Six (6) sets of bidding documents (construction plans and project manuals). D. Six (6) sets of conformed bidding documents for execution. E. One (1) Award Letter F. One (1) Bid Tabulation G. Six (6) full size (22”x34”) six (6) half size (11”x 17”) of Conformed Plans and Specifications for Preconstruction Meeting for each Bid Package. TASK 6. CONSTRUCTION PHASE SERVICES (NONE) 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 needed for construction of the project. Required permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent 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 eBuilder site. ASSUMPTIONS Up to three (3) Easements (permanent construction) or right-of-way documents will be prepared as well as up to two (2) temporary construction easements (TCE). CITY will provide Appraisals and Easement Acquisition services. DELIVERABLES ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 14 OF 17 A. Easement exhibits and metes and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY 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 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 alignment centerline (or offset, as appropriate) will be staked in the field for areas of the alignment not adjacent to street right-of-way. 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 benchmarks, per line or location. Bearings given on all proposed centerlines, or baselines. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 15 OF 17 Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal Temporary Right of Entry will be provided by the ENGINEER as described in Task 7. 8.3. Subsurface Utility Engineering (SUE): The SUE shall be performed in accordance with CI/ASCE 38-02. Four different levels of SUE are identified. The following is a description of each level of SUE used on this project. 1. Level D – Collect level D as part of this scope of services. 2. Level C a.) Field locate and obtain horizontal position of visible utility surface features for all of the utility systems described within Level D. 3. Level B a.) Indicate by marking with paint, the presence and approximate horizontal location of subsurface utilities using geophysical prospecting techniques, including electromagnetic, sonic, and acoustical techniques. b.) Approximately 1 days of direct buried utilities are identified for Level B location. 4. Level A a.) Location (Test Hole) Services: Locating the horizontal and vertical position of the utility by excavating a test hole using vacuum excavation techniques and equipment. In performing locating (test hole) services ENGINEER will: 1) Excavate Four (4) test holes to expose the utility to be measured in such a manner that ensures the safety of the excavation and the integrity of the utility to be measured. Excavations will be performed using specially developed vacuum excavation equipment that is non-destructive to existing facilities. If contaminated soils are discovered during the excavation process, the ENGINEER will notify the CITY. 2) Obtain x,y and Z information at each test hole. ASSUMPTIONS Topographic survey will be extended 50-ft on either side of selected alignment. Topographic survey at intersection will include no more than 100 ft. in each direction. Level A Subsurface Utility Engineering will be performed for up to fifteen (15) locations and 4 days of Level B Subsurface Utility Engineering. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 16 OF 17 B. Drawing of the project layout with dimensions and X, Y, and Z coordinate list., when applicable. C. SUE records and measurements will be uploaded to eBuilder. TASK 9. PERMITTING 9.1 Tarrant Regional Water District (TRWD) A. Prepare one (1) submittal to TRWD for each project consisting of the following: 1. Two (2) copies of each CITY PROJECT Part submittal (Conceptual, Preliminary, 90 percent and 100 percent Construction Plans) and provide to TRWD for review and comment. 2. Review and respond to one set of comments for each submittal. B. Develop conceptual canal crossing section vies showing elevations in relation to the sewerline. C. Coordinate with existing property owners and developers to ensure sewer capacity and grade elevations are consistent. 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: A. Preparation of Permitting Documents and Coordination for Permits, not listed in Scope of Services. B. Waterline replacement design or for canal lowerings C. Construction Phase Services D. Negotiation of easements or property acquisition. E. Services related to development of the CITY’s project financing and/or budget. F. Services related to disputes over pre-qualification, bid protests, bid rejection and rebidding of the contract for construction. G. Construction management and inspection services H. Performance of materials testing or specialty testing services. I. Services necessary due to the default of the Contractor. J. Services related to damages caused by fire, flood, earthquake or other acts of God. K. Services related to warranty claims, enforcement and inspection after final completion. ATTACHEMENT A DESIGN SERVICES FOR PANTHER ISLAND SEWER COLLECTOR CITY PROJECT NO. 105247 CITY OF FORT WORTH, TEXAS ATTACHMENT A REVISION DATE: 08.22.14 PAGE 17 OF 17 L. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. M. Performance of miscellaneous and supplemental services related to the PROJECT as requested by the CITY. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 B-1 Design Services for Panther Island Sanitary Sewer Collector Main City Project No. 105247 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $268,395.00 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. EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 B-3 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Design and Bidding $178,032 66.3 Associates, Inc. Proposed MWBE Sub-Consultants Yellow Rose Subsurface Utility Engineering $17,525 6.5 Gorrondona & Survey $30,564 11.4 Associates Non-MWBE Consultants CMJ, Inc. Geotechnical Investigation $12,399 4.6 Braun Intertec Environmental $29,875 11.1 TOTAL $268,395.00 100% Pro'ect Number & Name Total Fee MWBE Fee MWBE % 105247 — Panther Island Sanitary $268,395.00 $48,089.00 17.9 Sewer Collector City MWBE Goal = 8% Consultant Committed Goal = 17.9 % City of Fort Worth, Texas Attachment B PMO Official Release Date: 12/9/2022 Page 3 of 3 EXHIBIT B1 ENGINEERING INVOICE (SUPPLEMENT TO ATACHMENT B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. Exhibit B-1-InvoiceProfessional Services InvoiceProject Manager:FALSEProject:Panther Island Sanitary Sewer CollectorFALSE16 - Hydraulic Assesment(s)City Project #:10524730 - DesignWork Type Desc:Supplier Instructions:31 - Conceptual DesignFID:32 - Preliminary DesignCity Sec Number:Fill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingName:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveySupplier's PM:Chris Igo, P.E.email:52 - Construction StakingSupplier Invoice #:Chris Igo, P.E.Office Address:80 - ConstructionPayment Request #:Telephone:81 - Construction ReimbursementsService Date:FromFax:84 - Material/Soil TestingService Date:To85 - Construction ServicesInvoice Date:Remit Address:93 - MappingTo Add more use insertPay ItemsAgreementAmountAmendmentNumberAmendmentAmountPercentSpent($) InvoicedPreviouslyCurrentInvoiceRemainingBalance$268,395.00 $268,395.00$268,395.00Totals This Unit:$268,395.00$268,395.00$268,395.00Overall Percentage Spent:Chris Igo, P.E.AgreementAmount toDateChris.Igo@kimley-horn.com801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102817-335-6511SewerP.O. Box 951560, Dallas, TX 75395 - 1640Kimley-Horn and Associates, Inc.DescriptionLTDCompletedAmount30 - Design Exhibit B-1 _InvoiceProfessional Services InvoiceProject Manager:SummaryProject:City Project #:105247City Sec Number:Supplier Instructions:Fill in green cells including Invoice Number, From and To Dates and the included worksheets.Name:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to theConsultant folder within Project's folder.Supplier's PM:Chris Igo, P.E.email:Supplier Invoice #:Office Address:Payment Request #:Telephone:Service Date:FromFax:Service Date:ToInvoice Date:Remit Address:SheetAgreementAmountAmendmentAmountPercentSpent($) InvoicedPreviouslyCurrentInvoiceRemainingBalanceWork Type 1$268,395.00 $268,395.00$268,395.00Work Type 2Work Type 3Work Type 4Work Type 5Work Type 6Totals This Invoice$268,395.00$268,395.00$268,395.00Overall Percentage Spent:AgreementAmount toDateP.O. Box 951560, Dallas, TX 75395 - 1640FID and Work Type DescriptionSewerLTDCompletedAmount801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102817-335-6511Chris Igo, P.E.Kimley-Horn and Associates, Inc.Panther Island Sanitary Sewer CollectorChris.Igo@kimley-horn.com d Z N � L O mY` N m C. W !� H � � � m p00 y �,N 2 w ] _ W w 0 � O � y y � � J F E � N o-�o �= =am ��o w � `0 3 m ? � w a� J c — Q1 N � J � � � � Q f LL 0 H ' [V (V N F LL LL J J > fn cunmo �ornv vr _ � o = m U o � � a a a o Z'� wm'�nwa m � '"w w � �^ E_� v m N w~ � m: w w w m N" tt] m � V F f p � � H O Z a` �' c�! N� �D V N NY3N IL IL IL F ? Z N ^ F Q tt] �j E � N o-�o �= =am ��o �, w � `0 3 m H � � � J a d' r — �j Q1 N r � J Q o � � � UQHIi EXHIBIT B-3 Engineer's Opinion of Probable Construction Cost Design Services for Panther Island Sanitary Sewer Collector City Project No. 105247 Kimley-Horn and Associates, InC. Opinion of Probable Construction Cost Client: City of Fort Worth Date: 1/4/2024 Project: Panther Island Sanitary Sewer Collector Prepared By: NDCH KHA No.: 061018XXX Checked By: CPI Title: Sanitary Sewer - Summary Total Sanitary Sewer Sanitary Sewer Replacements 2,900 LF $4,363,000 Total: 4 363 000 Basis for Cost Projection: 0 No Design Completed ❑ Preliminary Design ❑ Final Design This total does not reflect engineering or technical services. 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 Panther Island Sanitary Sewer Collector City Project No. 105247 Kimley-Horn and Associates, Inc. Client: City of Fort Worth Date: 1/4/2024 Project: Panther Island Sanitary Sewer Collector Prepared By: CPI KHA No. 06101xxxx Checked B: CTD Title: 30" Sanitary Sewer Line L2 Line No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Description Quantity I Unit Unit Price $600.00 $560.00 $800.00 $750.00 $725.00 $1, 000.00 $100, 000.00 $500.00 $13, 000.00 $400.00 $250,000.00 $8.00 $250.00 $1, 000.00 $200.00 $10.00 $10.00 Cost $558,000 $56,000 $80,000 $1,327,500 $72,500 $100, 000 $100, 000 $58,000 $78,000 $32,000 $250,000 $23,200 $1, 500 $1, 000 $580,000 $9,130 $29,000 3305.3007 18" Sewer Carrier Pipe 3305.1006 36" Casing By Open Cut 3331.4401 30" Sewer Pipe 3305.3012 30" Sewer Carrier Pipe 3305.1008 48" Casing By Open Cut 3339.2001 Sanitary Sewer Junction Structure 3339.0001 Epoxy Manhole Liner 3339.1101 5' Manhole 3339.1103 5' Extra Depth Manhole 3303.0001 Bypass Pumping 3301.0001 Post-CCTV Inspection 3301.0101 Manhole Vacuum Testing 3305.0110 Utility Markers 3201.0127 10' Wide Asphalt Pvmt Repair, Arterial 3292.0400 Seeding, Hydromulch 3305.0109 Trench Safetv 0 Conceptual Design ❑ Preliminary Design ❑ Final Design This total does not reflect engineering or technical services. 100 100 1770 100 100 1 116 6 80 1 2900 6 1 2900 913 2900 LF LF LF LF LF LS VF EA VF LS LF EA LS LF SY LF Conting. (%,+/- Total � $1, 007, 000 $4,363,000 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. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Panther Island Sanitary Sewer Collector City Project No. 105247 NO CHANGES City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 � o , r� � � 0 � � 0 � w a �� og o� z z3 y N O � LL d T F " V Q QN � �gv L � V y � > Q = F a a � ao n V � O E o� � � m Z � a `o� a 3 a V a a a N N V �O O� v� .y .y ti.ti .y .y ry ry N N N N N ry N ry m m N ��e� o �oo�MM �� � N � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N � � N a a v N� H� v N N a a�� N N� a � � � � � a N � � � � � � '° � � � � � � \ o � � � � � � \ ID � � � � � � � � pp � � � � � � � � � Q! � � � � M � d � d N 3 N � d n � � � � � � � � � , Oi � \ � � � � F F �i' F � F � � � � � �i' � F � LL LL �i' �i' � LL LL �i' � � F � LL � � LL u ?i' N� V a V N N N\ N \ N O N N N O a N\ N N N N � � � � � � N ry � � � � O N N � � � � � � N N N � � \ � � � � \ .�i � � � � tn � � � N v V � O � � Ip � � � � � � � � � � � e0 �p � � � � � M � � � � � 9 C � � n � 3� 3 3 a LL LL LL 3 3� LL 3� 3 3 3����� �� �� i� � LL LL�� � � ��� � Z E E - E E o i � r r E � E - G � _� e e e e e e e� o e a= e e� e e= e e e e e e o e� e e e�� e � O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O Z > R q � T � � 9 9 � 9 � 9 � 9 V � G OD C � N �� N N E ti N rv.ti .i V m rv.y m m m.y a V m m.y m m m V O m m.y vf .� ry m N ry h w w = a. a. a. _ > w w m > _ � -p 9 9 9 � 9 OD N V Of OI V ti N N ti ti V m rv.y m .y m m.y C V m m.y �+f �+f m V C m W.y N vf .y ry m N ti ry N m O C � R ` � O � d y O y y 7. R �T Q C � � " C U m a d o \ E °��' a� � - a � E w _ E N �3 - Q m E U d m � cn c a� 'u � 3 u� � w - � t � � _'w rn a �' E � o m � � o� o_ N E m o ' o � W Y . � y 61 � vi �' � 0 6� � U p .� � ��� o� y � o � ¢� m a�'i o y o � 3 a�i Z` s Z` U a3i a w� �� a = o. o o`u � a�i N y � Z�.° � �6 n a > aUi a� � U cn N � t° � a�� � d � a� ���n � � m �° �� a c'� -�� � �, �-E n � c°'i E��� U� i d �- °� - E�-v, E � K a � � m� m m a�i �-y� m y `m � �� U �0 y> �� � L o �� a�i o � n c d � a> � S � °� � T�� m � vi � u o a t0 O n c > U W cYi � N� tf � LLL [n 0 S U tn U K w E a m(n d � d Y� d[o U n N y d � d Q W m R U -� ` Y � d U p N U ` a` a In U � W = a` a z a U a W i� a � o , r� � � � � 0 � w a �� og o� z z3 y N O � LL d T F " V Z Q N a �g m m m a M a N L � V yR,� � > O O O O O O O O O O O O O O O Q = F Z N C ry N N � N N a� a � N � a a � � � � .�-i n - 3 3 � LL LL 3 3� � LL 3 � � 3 M a N ry ry N V V V N n rv� V �� � � � � � m \ � � � � � \ �i �i �i N � � n � � � � � � � � W W �N � r w w w w v m w � o � c c� � � � � � � � � � 3 � � � � � m N vt �n i0 i0 � YI i0 �O i0 O O O O O O O O O O O O O O O O O O O O O N e� N N N � � N � � N � � � � � � N m � � � \ � � � m m � � � m � � � � o o ti � � � .��, � � -o � � m -o � -o -o -a '" -o -a 3 � � � � � 3 � � � 3 3 3 � � � � 3 3 � N N � � � � N N � N � N � � � � � a � � � � q � N � � � � � � N T � � � � ry � � � � � � \ � !° � = m � � a` � i � 3 � � LL � � � � 3 � 3 3 � 3 '' o e e e o 0 o e e � e e o e e 2e e e e � e e � e e e e e e e e ae � e e e a � o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N T � T R j > 'p � O � 4 � 4 ' O � N t�0 ry r� ti O O ry N.y .i m M .i O W 1. �n r ep � ap n�.i ti ry m m v� ri m N ti ti�V ti N T T T '^ t0 F � '6 � T 9 � O � N N O N ti C C ry ry .y .y m m .i v m 1� �n n eD � ao n � .i .ti ry m m �n ry m N .y .y c .� ry � y d at � � C O O Z U � y W [" �j a N L � m 3 � N � �n � �n y a � p � 3 rn c d... " d m w rn o� g- o drn y � Q = S 3 O. N � � N N 16 � t0 C R O � � N lL � � � � � N o U � � O� U (j � � U _ � c w o m � � L � O " o� m = d w E a m U ` a ia o ��� �' a- T•- E Z � W� a o N L U a�i a rn� rn LL O� � w � ii a `o_ r� a�'i c' �� �� U�j �' �� `° �� � d c 5 d '�,a �� O¢ 5 O� � U a c � V m �>. a� o Q a� a m E`o m U"a �� c� i� � E N O L � L L N t` � O tO Ul � Y J O.T. � y ... ... �> C�� m O H O G N� Z (� cn �n a v� cn � F rn rn� a= q uJ �<n U U c � u� U U E�'v � �� a a� o� as 3 � � U- R �, i� a ii a y� a iL �n d m m� U��¢ in n� o 0 = a GO p d d� U Q U `o� a - _ o o� o o� o o.�+ o 0 2 a a v v v v v v� m o`�' o v c a ~ � o 0 0 0 0,a �� o.� ,�. .�. ,� o 0 0 0 0 V w __�_������___�-_������������������� � ��� � Z E E - E E o�� r r E � E - G � z E y � E ro E - ♦ � � � a MAYOR AND COUNCIL COMMUNICATION 60PANTHERISSC-KHA F uture Urban Lake Future West Island Future East Island ATTACHMENT "F" CERTIFICATE OF INSURANCE Design Services for PANTHER ISLAND SEWER COLLECTOR City Project No. 105247 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) ACORDTM 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 City of Fort Worth, Mayor and DATE: 02/27/24 Texas Council Communication M&C FILE NUMBER: M&C 24-0175 LOG NAME: 60PANTHERISSC-KHA SUBJECT (CD 2) Authorize Execution of an Engineering Agreement with Kimley-Horn Associates, Inc. in the Amount of $268,395.00 for the Panther Island Sanitary Sewer Collector Main Project, Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to 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 Associates, Inc. in the amount of $268,395.00 for Panther Island Sanitary Sewer Collector Main project; 2. Adopt the attached resolution expressing Official Intent to Reimburse expenditures with proceeds of future enterprise fund debt for the Panther Island Sanitary Sewer Collector Main project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water & Sewer Commercial Paper Fund by increasing appropriations in the Panther Island Sanitary Sewer Collector Main project (City Project No. 105247) in the amount of $379,730.00 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: This Mayor and Council Communication (M&C) is to authorize a contract with Kimley-Horn Associates, Inc. in the amount of $268,395.00 for the preparation of plans and specifications for Panther Island Sanitary Sewer Collector Main to allow for construction of the project on the following streets to provide for future developer connection on East Island: Street From To Scope of � Work �th Calhoun � 350 La Grave Field east :et Street NE 7th 500 La Grave Field south 4th Street Street In addition to the contract amount, $111,335.00 is required for project management, real property acquisitions, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. 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 porlfolio 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 of the City to reimburse itself from tax-exempt bond proceeds. It is the practice of the Water Department to appropriate its 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: 60PANTHERISSC-KHA Capital Revised Project FY2024 CIP Budget Change Fund Authority FY2024 Name Name Appropriations (Increase/Decrease) gud et 9 Fund 105247 56022- Panther W&S Island $0.00 This M&C $379,730.00 $379,730.00 Commercial SS Paper Collector J Funding is budgeted in the Commercial Paper project within the W&S Commercial Paper Fund for the purpose of funding the Panther Island Sanitary Sewer Collector Main project. Funding for the Panther Island Sanitary Sewer Collector Main Replacements project depicted below: BUSINESS EQUITY OFFICE: Kimley-Horn Associates, Inc. is in compliance with the City's Business Equity Ordinance by committing to 18 percent MWBE participation on this project. The City's MWBE goal on this project is eight percent. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Commercial Paper project within 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 Panther Island SS Collector project to support the above recommendations and execution of the agreement. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Fernando Costa 6122 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Liam Conlon 6824 *Numbers rounded for presentation purposes. � x x U � � FG W x � d �. 0 �