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HomeMy WebLinkAboutContract 62757City of Fort Worth, Texas W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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: Water and Sanitary Sewer Replacement Contract 2023, WSM-X – Project No. 105716. 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 $789,340.00 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 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 City of Fort Worth, Texas W&SS Repl Contract 2023 WSM-X] Standard Agreement for Engineering Related Design Services 105716 Revised Date: 12-08-2023 Page 15 of 15 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 BY: ENGINEER William Johnson Assistant City Manager Date:__________________ Kimley-Horn and Associates, Inc. John Atkins, P.E. Vice President Date:____________________________ ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Christopher Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: Douglas W Black Sr. Assistant City Attorney M&C No.:25-0013 _____ ___ M&C Date:1/14/2025 ___ __ _ Form 1295 No.: 2024-1227130_ 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. _______________________________ Dena Johnson, P.E. Project Manager Kimley Horn, Inc. ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENTS CONTRACT 2023, WSM-X (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 16 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENTS CONTRACT 2023, WSM-X (FOREST PARK PHASE 1) CITY PROJECT NO. 105716 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 Approximately 14,900 linear feet of cast iron water replacements, and 2,150 linear feet of cast iron and vitreous clay sanitary sewer replacements are planned, as summarized below: Water Replacements Street Alignment From To Length (LF) Ex. Size (in) Prop. Size (in) Forest Park Blvd W Rosedale St Park Place/Pembroke Alley 3,500 10/12 12 Park Place Ave Forest Park Blvd Warner Rd 1,500 6/12 12 Weatherbee St Forest Park Blvd Berkeley Pl 850 6 8 Mistletoe Dr Edwin St Forest Park Blvd 950 6 8 Edwin St (Relocate 6/8-inch from Edwin/Weatherbee Alley) Mistletoe Dr Jerome St 1,200 - 8 Mistletoe Ave (Relocate 6/8-inch from Edwin/Weatherbee Alley) Forest Park Blvd Jerome St 500 - 8 Mistletoe Ave (Relocate 6-inch from Alley) Mistletoe Dr Forest Park Blvd 800 - 8 Harrison Ave (Relocate 3-inch from Alley) Buck Ave Forest Park Blvd 700 - 8 Magnolia Ave (Relocate 6-inch from Alley) Buck Ave Forest Park Blvd 700 - 8 Mistletoe Blvd (Relocate 6-inch from Alley) Buck Ave Forest Park Blvd 700 - 8 Irwin St (Relocate 8-inch from Alley) Forest Park Blvd Jerome St 650 - 8 W Rosedale St S Forest Park Blvd Jerome St 650 6 8 Jerome St Irwin/Rosedale Alley W Rosedale St 500 6 8 W Rosedale St N Forest Park/Rosedale Intersection 250 LF West 300 6 8 Rogers Road Riverfront Dr Mopac Rd 1,400 8 8 Total Water Length 14,900 ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 16 WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Construction Document Preparation Task 6. Bid Phase Services Task 7. Construction Phase Services NOT INCLUDED Task 8. ROW/Easement Services Task 9. Survey and Subsurface Utility Engineering Services Task 10. Additional Services TASK 1. DESIGN MANAGEMENT. resources. ENGINEER shall manage change, communicate effectively, coordinate internally and externally as needed, and necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources Sanitary Sewer Replacements Street Alignment From To Length (LF) Ex. Size (in) Prop. Size (in) Forest Park Blvd Pembroke/Park Place Alley Park Place/Weatherbee Alley 400 8 8 Park Place/Mistletoe Dr Alley Forest Park Blvd Warner Rd 350 6 8 Mistletoe Ave/Harrison Alley Buck Ave 350 LF East 300 6 8 W Rosedale St W Rosedale St W Rosedale St 200 6 8 Rogers Rd Riverside Dr Mopac Rd 900 8/12 12 Total Sanitary Sewer Length 2,150 ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 16 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 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. 1.3 Coordination ENGINEER will coordinate with adjacent WSM-Y Forest Park Phase 2 project design team ENGINEER will meet on-site with private property owners for up to one-hundred twenty nine (129) private water service relocations ASSUMPTIONS Eighteen (18) MWBE reports will be prepared Eighteen (18) monthly invoices Eighteen (18) monthly water department progress reports will be prepared Eighteen (18) monthly project schedule updates will be prepared Eighteen (18) monthly design meetings ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 16 DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes 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 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. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 16 2.2. The Conceptual Design Package includes the following scope of services. 4 based upon LiDAR data. o Approximately 22 sheets for the water mains o Approximately 4 sheets for the sanitary sewer mains o Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. o Estimates of probable construction cost. 2.3. The Rogers Rd Conceptual Design Package includes the following scope of services. based upon LiDAR data. o Approximately 2 sheets for the water mains o Approximately 2 sheets for the sanitary sewer mains ASSUMPTIONS Two (2) copies of the conceptual design package (30% design) will be delivered and will consist of 11x17 Exhibit and email summarizing alignment and design considerations. One (1) site visit will be conducted during the conceptual design phase. ENGINEER will prepare meeting notes of the Conceptual Design Review meeting. 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 ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 16 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. These services will include 60% design for approximately 14,900 linear feet of water main improvements, 129 private water service relocations, and 2,150 linear feet of sewer main improvements. 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 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 in the same coordinate system as the Control Points. Bench marks per 1,000 ft of plan/profile sheet two or more. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 16 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 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- 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. Prepare exhibits for private water service relocations. 3.2. Geotechnical Investigation 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 bids and a Trench Safety Plan. 3.3. Utility Clearance ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 16 Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in E-Builder for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. ASSUMPTIONS One (1) public meeting will be conducted or attended during the preliminary design phase. Two (2) site visits will be conducted during the preliminary design phase. Four (4) borings at an average bore depth of twenty (20) feet each will be provided. Three (3) sets of 22 x 24 size plans will be delivered for the Constructability Review. Three (3) sets of 22 x 24 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 created from design CAD drawings will be uploaded to the designated project folder in E-Builder. specifications will be used. The ENGINEER shall supplement the technical specifications if needed. Six (6) 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. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 16 DELIVERABLES A. Geotechnical Report (1 hard copy) B. Preliminary Design drawings and specifications C. Utility Clearance drawings D. Estimates of probable construction cost E. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows. These services will include 90% design for approximately 14,900 linear feet of water main improvements, 129 private water service relocations, and 2,150 linear feet of sewer main improvements. 4.1. Final Drawings Draft Final drawings (90%) and specifications shall be submitted to CITY per the approved Project Schedule. o Drawings will incorporate all City comments from the Preliminary Design Package. Additionally, the following sheets will be prepared: - Shutdown and Sequencing Sheet - Traffic Control Details 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. - Erosion Control Plan and Details - Surface Repair Plan - City Standard Details - Project Specific Details, if required - Drawings will be prepared in accordance with City Construction Standards 4.2. Final Project Manual Draft final (90%) specifications and construction contract documents: o Documents will incorporate all City comments from the Preliminary Design Package Preparation of construction contract and bidding documents: o The ENGINEER will modify existing City Contract Documents and General Requirements to accommodate a lump sum bid project. ASSUMPTIONS ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 16 The Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare an erosion control plan and details which will be incorporated into the SWPPP by the contractor. For each submittal package, 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. Final sheet list is assumed to include: cover (1), index and general notes (2), shutdown and phasing notes (2), control and benchmarks (1), overall location and proposed sheet reference (water and sanitary sewer) (2), overall existing (water & sanitary sewer) (2), line abandonment (water & sanitary sewer) (2), plan and profiles (water & sanitary sewer) (26), private service rerouting (8) detail sheets, erosion control, and traffic control (20). DELIVERABLES A. Final Design drawings (90%) B. Final Design project manuals (90%) C. Opinion of probable construction cost TASK 5. CONSTRUCTION DOCUMENT PREPARATION. Upon approval of the Final Design plans, ENGINEER will prepare construction documents as follows: 5.1. Construction Document Preparation: Address and incorporate City comments from the 90% Final Design review. Draft Final plans (100%) and specifications shall be submitted to CITY per the approved Project Schedule. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall commence with preparation of the Construction Documents, and provide the package 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 opinion of probable construction cost with the Construction Documents design package. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 16 DELIVERABLES A. Signed and Sealed Bid Documents. a. Three (3) sets of 11x17 size drawings and three (3) Project Manuals will be delivered for the Construction Document package. b. Design Drawings will be uploaded to E-BUILDER (.pdf) c. Project Manual will be uploaded to E-BUILDER (.pdf) B. Detailed opinions of probable construction costs including summaries of bid TASK 6. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 6.1. Bid Support The ENGINEER shall upload all plans and contract documents onto E-Builder for access to potential bidders. o Contract documents shall be uploaded in a .xls file. o 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. o Plan Sets are to be uploaded to E-Builder 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 E-Builder Registrations in E-Builder. The ENGINEER will develop and implement procedures for receiving and 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 E-Builder 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 E-Builder and mail addenda to all plan holders. Attend the prebid conference in support of the CITY. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 16 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. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are Results folder on E-Builder. Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS The project will be bid as two separate bidding units and awarded to two contractors. For each bidding unit, five (5) sets of construction documents will be sold to and made available on E-BUILDER for plan holders and/or given to plan viewing rooms. For each bidding unit, 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 E-BUILDER. DELIVERABLES A. Addenda B. Bid tabulations C. Construction documents (conformed, if applicable) TASK 7. CONSTRUCTION PHASE SERVICES NOT INCLUDED. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 16 TASK 8. ROW/EASEMENT SERVICES ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping 8.1. 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. 8.2. Right-of-Way/Easement Preparation and Submittal. The ENGINEER shall prepare documents to be used to obtain right-of- way/easements including permanent and/or temporary easement metes and bounds 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 E-BUILDER site. 8.3. Temporary Right of Entry Preparation and Submittal Prior to performing topographic survey or geotechnical investigations 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. ASSUMPTIONS __4__ Easements or right-of-way documents will be necessary. __0__ 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 Easement exhibits and meets and bounds provided on CITY forms. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 16 TASK 9. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 9.1. 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 (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; o o X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. o 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). 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. 9.2 Subsurface Utility Engineering (SUE): SUE is not included in this scope of services. ASSUMPTIONS Topographic survey will be extended across the entire right-of-way along alignments. Topographic survey at intersection will include no more than 100 ft. in each direction. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 16 included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and X, Y, and Z coordinate list. when applicable. ATTACHMENT A DESIGN SERVICES FOR WSM: X WATER AND SANITARY SEWER REPLACEMENTS (FOREST PARK PHASE 1) CITY PROJECT NO.: 105716 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 16 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 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: Topographic Survey/SUE/Geotechnical Investigation on Rogers Road. Negotiation of easements or property acquisition including temporary right-of- entries. Services related to development of the project financing and/or budget. Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. Engineering services during construction Construction management and inspection services Periodic site visits during construction phase Design phase public meetings beyond those indicated in the scope of services Performance of materials testing or specialty testing services. Services necessary due to the default of the Contractor. Services related to damages caused by fire, flood, earthquake or other acts of God. Services related to warranty claims, enforcement and inspection after final completion. Services 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 3 B-1 Design Services for Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1) City Project No. 105716 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $789,340.00 as summarized in Exhibit B-1 Level of Effort Spreadsheet, Exhibit B-2 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. an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-2, 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 Wo 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 3 B-2 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Kimley-Horn and Associates, Inc. Pipeline Design and Bidding $658,940 83.48 Proposed M/WBE Sub-Consultants Gorrondona & Associates, Inc. Survey and Easement Preparation Services $120,400 15.25 Non-M/WBE Sub-Consultants CMJ Engineering, Inc. Geotechnical Engineering $10,000 1.27 TOTAL $789,340 100.0 Project Number & Name Total Fee M/WBE Fee M/WBE % 105716 Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1) $789,340 $120,400 15.25% City M/WBE Goal = 13.97% Consultant Committed Goal = 15.25% -1 ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 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. � Z� ` °1 5 � 0 � Y C W � m � � _ W 0 O = G1 � J H � � � W � 0 � X � N � M N O N L ~ wa ayi H � Z �L O d V � � � W 0 W c.i J a W G.' � � a � Z Q � 0 Z Q � W H Q2 / 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 oe>o oe»o oe>o 0 0 0 o<»e»o oe» o e>o<»e»o oe>o oe»o oe> m a v w � ao w �n ao �n rn � co r rn o w o rn co �n p 1� � ni �+i 'fl 'A ' ''A ' ai oi o oi oi � r ao ci � ai F �� H9 � H9 VT EA � VT 7 W� H9 � H9 H9 EA VT H9 � M VT 7 N Y N A H 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 � M fA ER fA EA fA EA fA ER fA ER fA EA fA EA fA ER ER fA O ER fA ER fA ER fA ER O EA fA O fA EA N O � � R C jp d O � H X U W � m w o 0 0 � C � � �N O � - '£ � .J 3 qoa ~ c � m w � w LL a � � � Y R � A m � � N � C � U O 3 Z N � � W m � 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 p o o<»ooe»oo<»00000<»e»o oe» o<»o<»e»ooe>ooe»ooe> v_v w� aow �nao�nrn� � co ti rn ow �nrn ��n � n � �i �+i <» e» F» �.i oi o oi m � r ui c� � ai o � in us � in » <» � » v � us � us us <» <» us ie U �++ � 0 r � O OD W N N n � �n = � o £ u, � a a Z O lD Op N N N N N W O O N O 7 t0 t0 W N tD �+ O N O h M O � (,� o N N Qi � �n T N �O � � a a � O 1p Op N N 7 W O O N W N W t0 7 � M U L ` o �n o ao �n N N � U N d O o m rn c � � �o � 'm a a � W � m J O OD � � N N� O � (D V t0 N M � O OD � N � O � � tD .� � � N d N w O a` 0 00 0 Ip O M M C p O � � �C N = e9 N y N O a` w m rn � N � N m � � C v p H N N n�,. 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Box 951640, Dallas, TX 75395-1640Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1)LOCKUNLOCK EXHIBIT "B-2" SAMPLE INVOICEProfessional Services Payment RequestProject Manager:FALSEProject:16 - Hydraulic Assesment(s)City Project #:10571630 - DesignWork Type Desc:Consultant Instructions:31 - Conceptual DesignF/A/C:32 - Preliminary DesignCity Sec Number:XXXXXFill 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 SurveyConsultant's PM:Will Weidmanemail:52 - Construction StakingVendor Invoice #:061018XXX-01Office Address:80 - ConstructionPayment Request #:1Telephone:81 - Construction ReimbursementsFrom Date:11/1/2024Fax:84 - Material/Soil TestingTo Date:11/30/202485 - Construction ServicesInvoice Date:11/30/2024Remit93 - MappingTo Add more use insertPay ItemsAgreementAmountAmendmentNumber Amendment AmountCompletedAmountPercentCompleted($) InvoicedPreviouslyCurrentInvoiceRemainingBalance$686,725.80 $686,725.80$686,72Totals This Unit:$686,725.80$686,725.80$686,7250Overall Percentage Complete:Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1)Dena JohnsonAgreementAmount toDatewilliam.weidman@kimley-horn.comKimley-Horn and Associates, Inc.WaterDescriptionxxx-xxxxxx-xxxxxxxxxx(817) 335-6511(817) 335-507030 - P.O. Box 951640, Dallas, TX 75395-1640801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102 Professional Services Payment RequestProject Manager:FALSEProject:16 - Hydraulic Assesment(s)City Project #:10571630 - DesignWork Type Desc:Consultant Instructions:31 - Conceptual DesignF/A/C:32 - Preliminary DesignCity Sec Number:XXXXXFill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingCompany Name:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveyConsultant's PM:Will Weidmanemail:52 - Construction StakingVendor Invoice #:061018XXX-01Office Address:80 - ConstructionPayment Request #:1Telephone:81 - Construction ReimbursementsFrom Date:11/1/2024Fax:84 - Material/Soil TestingTo Date:11/30/202485 - Construction ServicesInvoice Date:11/30/2024Remit93 - MappingTo Add more use insertPay ItemsAgreementAmountAmendmentNumberAmendmentAmountCompletedAmountPercentCompleted($) InvoicedPreviouslyCurrentInvoiceRemainingBalance$102,614.20 $102,614.20 $102,614.0Totals This Unit:$102,614.20$102,614.20$102,614.0Submitted by:Overall Percentage Complete:Dena JohnsonAgreementAmount toDate30 -william.weidman@kimley-horn.com801 Cherry Street, Unit 11, Suite 1300, Fort Worth, TX 76102(817) 335-6511(817) 335-5070P.O. Box 951640, Dallas, TX 75395-1640Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1)Kimley-Horn and Associates, Inc.SewerDescriptionxxx-xxxxxx-xxxxxxxxxx EXHIBIT B-2SAMPLE INVOICEfor WATER AND SANITARY SEWER REPLACEMENTS CONTRACT 2023, WSM-X (FOREST PARK PHASE 1)City Project No. 10571610/22/2024Topo SurveyGeotechnicalEngineeringLaborExpense/MarkupGAICMJTask1Design Management197,400$-$197,400$-$0.00%-$-$197,400.00$Task2Conceptual Design82,700$1,000$83,700$-$0.00%-$-$83,700.00$Task3Preliminary Design148,900$1,700$10,000$160,600$-$0.00%-$-$160,600.00$Task4Final Design132,800$700$133,500$-$0.00%-$-$133,500.00$Task5Const Doc Prep21,900$200$22,100$-$0.00%-$-$22,100.00$Task6Bid Phase Services21,900$1,500$23,400$-$0.00%-$-$23,400.00$Task7Const Phase Services-$-$-$-$0.00%-$-$-$Task8ROW/Esmt Svcs1,100$680$6,800$8,580$-$0.00%-$-$8,580.00$Task9Survey and SUE5,100$11,360$113,600$130,060$-$0.00%-$-$130,060.00$Task10Additional Services30,000$-$30,000$-$0.00%-$-$30,000.00$-$-$686,725.80$-$-$102,614.20$Grand Total641,800$ 17,140$ 120,400$ 10,000$ 789,340$ -$ 0.00%-$-$ 789,340.00$Additional ServicesBasic ServicesWater and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1)Water SubtotalSewer SubtotalKimley-HornRemaining BalanceCurrent InvoiceTotal BudgetCompleted Amount Percent Completed Invoiced Previously Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost Client: City of Fort Worth 2/4/2025 Project:CPN #105716 WSM-X: Forest Park Phase 1 NLC KHA No.:061018483 WAW Title: Project Description Total Water Water Replacements 14,900 LF $5,139,000 Sanitary Sewer Sanitary Sewer Replacements 2,150 LF $426,000 Pavement Repair $4,217,000 Total:$9,782,000 Basis for Cost Projection: 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. Date: Prepared By: Checked By: No Design Completed Preliminary Design Final Design Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost Client:City of Fort Worth Date: 2/4/2025 Project: CPN #105716 WSM-X: Forest Park Phase 1 Prepared By: NLC KHA No.:061018483 Checked By: WAW Title:Water Replacements Line No.Description Spec Quantity Unit Unit Price Cost 1 3311.0441 12" Water, CSS Backfill 33 11 10, 33 11 12 5,000 LF $250.00 $1,250,000 2 3311.0242 8" Water Pipe, CSS Backfill 33 11 10, 33 11 12 9,900 LF $180.00 $1,782,000 3 3312.3005 12" Gate Valve 33 12 20 10 EA $3,000.00 $30,000 4 3312.3003 8" Gate Valve 33 12 20 30 EA $2,000.00 $60,000 5 3312.1002 2" Combination Air Valve Assembly for Water 33 12 30 5 EA $20,000.00 $100,000 6 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 26 EA $10,000.00 $260,000 7 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 30 TON $7,500.00 $225,000 8 3305.0109 Trench Safety 33 05 10 14,900 LF $5.00 $74,500 9 3305.0110 Utility Markers 33 05 26 1 LS $10,000.00 $10,000 10 3125.0101 SWPPP 1 acre 31 25 00 1 LS $15,000.00 $15,000 11 3471.0001 Traffic Control 34 71 13 12 MO $10,000.00 $120,000 12 3471.0002 Portable Message Sign 34 71 13 52 WK $500.00 $26,000 Subtotal: $3,952,500 Basis for Cost Projection:Conting. (%, +/-) 30 $1,186,500 Total: $5,139,000 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. No Design Completed Preliminary Design Final Design Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost Client:City of Fort Worth Date: 2/4/2025 Project: CPN #105716 WSM-X: Forest Park Phase 1 Prepared By: NLC KHA No.:061018483 Checked By: WAW Title:Sanitary Sewer Replacements Line No.Description Spec Quantity Unit Unit Price Cost 1 3331.4209 12" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 900 LF $180.00 $162,000 2 3331.4116 8" Sewer Pipe, CSS Backfill 33 11 10, 33 31 12, 33 31 20 1,250 LF $150.00 $187,500 3 3339.1001 4' Manhole 33 39 10, 33 39 20 17 EA $5,000.00 $85,000 4 3339.1003 4' Extra Depth Manhole 33 39 10, 33 39 20 50 VF $200.00 $10,000 5 3305.0109 Trench Safety 33 05 10 2,150 LF $5.00 $10,750 6 3301.0001 Pre-CCTV Inspection 33 01 31 2,150 LF $5.00 $10,750 7 3301.0002 Post-CCTV Inspection 33 01 31 2,150 LF $3.00 $6,450 8 3301.0101 Manhole Vacuum Testing 33 01 30 17 EA $500.00 $8,500 9 3305.0112 Concrete Collar 33 05 17 17 EA $500.00 $8,500 Subtotal: $327,450 Basis for Cost Projection:Conting. (%, +/-)30 $98,550 Total:$426,000 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. No Design Completed Preliminary Design Final Design Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost Client:City of Fort Worth Date: 2/4/2025 Project: CPN #105716 WSM-X: Forest Park Phase 1 Prepared By: NLC KHA No.:061018483 Checked By: WAW Title:Pavement Repair Line No.Description Spec Quantity Unit Unit Price Cost 1 3201.0113 6' Wide Asphalt Pvmt Repair, Residential 32 01 17 14,750 LF $100.00 $1,475,000 2 3201.0123 6' Wide Asphalt Pvmt Repair, Arterial 32 01 17 2,300 LF $120.00 $276,000 3 0241.1506 2" Surface Milling 32 11 23 62,200 SY $4.00 $248,800 4 3212.0302 2" Asphalt Pvmt Type D 32 12 16 62,200 SY $20.00 $1,244,000 Subtotal: $3,243,800 Basis for Cost Projection:Conting. (%,+/-) 30 $973,200 Total $4,217,000 This total does not reflect engineering or technical services. The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. No Design Completed Preliminary Design Final Design K:\FTW_Utilities\061018483-WSM-X-Forest-Park-Ph1\WKS\OPCC\Pre-Design\2025-02_04_WSM-X_OPCC_Pre-Design City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Water and Sanitary Sewer Replacements Contract 2023, WSM-X (Forest Park Phase 1) City Project No. 105716 NO CHANGES 0 a 2 a Y K Q a � � w � O LL X � N � �"� W N J O � N ~ W ° Q = 0 F � F Z H � � W = F � o � U a W � � aU~ Q a a a ci �~ z �¢ w � W N } R' F z Q � � al O Z Q K � E n q _ � 4 u z z E � E � - _ p E � ' D rn a � � p �' } � ♦ �� _ s E � � � � � _ _ �� � o o$ 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 o 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 � D m � e � � a � E � � � � e o�<< o e�� a e o e� < < < < � o � � � � � N , , , , _ c _ , , , _ _ _ , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ , _ _ _ _ , _ _ _ _ , _ _ , _ _ _ _ , _ _ , , z � .� F � LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL ` LL LL "` LL LL LL LL LL LL LL LL LL � a z � � � _ , � , c , , _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ c _ _ _ _ , _ _ _ _ c _ _ , _ _ , _ , _ _ , , _ � _ ' m `a c _ , , , _ m � _ � a - � a � , . a . , , _ � � ` � � � � � � 3 3 � 3 3 � � � � � � � � � � � �° � � � � �° � � � � � _ ' A A # � a # A � > �. i � A � # # � � � � A # # � � � � � � � � A � � � � � � A # � � # A � # # � A # # A # # � E a � # A 9I = � E a m a �� M m e M M � a o -• � _ - - o E � u � � � - - " � � o a .- � o A � � � sw � - E C E� � o O 3 � O . 3 �S3 - � v� � ¢ e O ` Q q_ 2 ➢ q Q O �E d �E u� � O � � E �u � ry � � ' 9° ' Y u y a o u E E w' a a�n a u a LL U a u a LL v �° u � � �a a < ' ' Q _ a c� a o o a` _ a V E � - a u a LL � w - � - $� u`� � a a o m o u ¢ E� � 3 �� _�� M e� e � m � �� �<<<<<< N N N N N� N� N ry M M M M M M m M M M e e e e e e e e e e�����������o ��o �r"o TBPE FIRM NO. 928 WATER, SEWER, MAINTENANCE PROJECT X EXHIBIT 1 FOREST PARK PH 1 IMPROVEMENTS ATTACHMENT E LOCATION MAP TBPE FIRM NO. 928 WATER, SEWER, MAINTENANCE PROJECT X EXHIBIT 2 ROGERS RD IMPROVEMENTS ATTACHMENT E LOCATION MAP ATTACHMENT "F" CERTIFICATE OF INSURANCE Water and Sanitary Sewer Replacement Contract 2023 WSM-X City Project No. 105716 City of Fort Worth, Texas Attachment F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY GL5268169 A. Section II - 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. 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 Q Insurance Services Office, Inc., 2018 CG 20 10 12 19 GL5268169 04/01/2024 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 14, 2025 REFERENCE NO.: **M&C 25- 0013 LOG NAME: 60WSSC23WSMX-KHA SUBJECT: (CD 9) Authorize Execution of an Engineering Agreement with Kimley-Horn and Associates, Inc., in the Amount of $789,340.00 for the Water and Wastewater Replacement Contract 2023, WSM-X Project and Adopt Appropriation Ordinance to Effect a Portion of Water’s Contribution to Fiscal Years 2025-2029 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 $789,340.00, for the Water and Wastewater Replacement Contract 2023 WSM-X project; and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,127,340.00, transferred from available PayGo funds within the Water and Sewer Fund, for the purpose of funding Water and Wastewater Replacement Contract 2023 WSM-X project (City Project No. 105716) to effect a portion of Water’s Contribution to Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize execution of an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of $789,340.00 for Water and Wastewater Replacement Contract 2023, WSM-X project for the preparation of plans and specifications for sanitary sewer and water main replacements on the following streets and easements: Street From To Scope of Work North of right-of-way line of W. Rosedale Street Forest Park Boulevard West 225 feet Water Easement West of Forest Park Boulevard 300 feet west of the W. Rosedale Street South / Forest Park North 185 feet Sewer Boulevard intersection Forest Park Boulevard W. Rosedale Street Park Place Avenue Water/Sewer Jerome Street W. Rosedale Street South 540 feet Water W. Rosedale Street South Forest Park Boulevard Jerome Street Water Irwin Street Forest Park Boulevard Jerome Street Water Easement between Irwin Street and Mistletoe Boulevard* Forest Park Boulevard Jerome Street Water Easement between Mistletoe Boulevard and W. Magnolia Avenue* Buck Avenue Forest Park Boulevard Water Easement between W. Magnolia Avenue and Harrison Avenue* Buck Avenue Forest Park Boulevard Water Easement between Harrison Avenue and Mistletoe Avenue* Buck Avenue Forest Park Boulevard Water/Sewer Mistletoe Avenue Mistletoe Drive Jerome Street Water Easement between Mistletoe Avenue and Edwin Street* Mistletoe Drive Jerome Street Water Easement between W. Rosedale Street and Irwin Street* Forest Park Boulevard Jerome Street Water Edwin Street Mistletoe Drive East Water Mistletoe Drive/Weatherbee Street Edwin Street Berkeley Place Water Easement between Edwin Street and Mistletoe Drive/Weatherbee Street* Berkeley Place West Water Easement South of Mistletoe Drive Forest Park Boulevard West Sewer Park Place Avenue Forest Park Boulevard Warner Road Water Rogers Road Riverfront Drive Union Pacific Railroad right-of-way Water/Sewer *Water main in inaccessible easement at rear of residences will be relocated in public right-of- way as shown on the attached location map. In addition to the contract amount of $338,000.00 (Water: $247,500.00; Sewer $90,500.00) is required for project management, real property acquisition, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. The sewer component of the project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year (FY), 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 2025-2029 Capital Improvement Program, as follows: 60WSSC23WSMX-KHA Capital Fund Name Project Name FY2025 CIP Appropriations Authority Budget Adjustment Revised FY2025 Budget W&S Capital Projects – Fund 56002 105716- W/WW Rpl Cont 2023 WSM-X $0.00 This M&C $1,127,340.00 $1,127,340.00 Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the W/WW Rpl Cont 2023 WSM-X project within the Water & Sewer Capital Projects Fund. FY2025 – Water PAYGO Appropriations per City Ordinance 27107-09-2024 FY2025 Original Adopted PayGo FY2025 Amended PayGo (includes any council actions subsequent to YTD PayGo Approved for/Moved to Capital Projects This M&C FY2025 Remaining PayGo Balance budget adoption) $92,597,771.00 $92,597,771.00 ($13,280,211.00)($1,127,340.00)$78,190,220.00 Note: There may be other pending actions or recently approved actions that are not reflected in the table due to timing. Appropriations for Water and Wastewater Replacement Contract 2023 WSM-X project are as depicted below: Fund Existing Appropriations Additional Appropriations Project Total* W&S Capital Projects Fund 56002 $0.00 $1,127,340.00 $1,127,340.00 Project Total $0.00 $1,127,340.00 $1,127,340.00 *Numbers rounded for presentation purposes. Business Equity: The Business Equity Division placed a 13.97 percent business equity goal on this solicitation/contract. Kimley-Horn and Associates, Inc., will be exceeding the goal at 15.25 percent, meeting the City’s Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water & Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the W/WW Rpl Cont 2023 WSM-X project to support the approval of the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2)Amount FROM Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2)Amount CERTIFICATIONS: Submitted for City Manager's Office by:William Johnson (5806) Originating Department Head:Chris Harder (5020) Additional Information Contact:Dena Johnson (7866) ATTACHMENTS 1. 24-105716 CM-NS.pdf (CFW Internal) 2. 60WSSC23WSMX-KHA funds avail.docx (CFW Internal) 3.60WSSC23WSMX-KHA- FID Table (WCF 11.07.24).xlsx (CFW Internal) 4.60WSSC23WSMX-KHA.pdf (Public) 5. City of Fort Worth_CPN 105716_Water and Sanitary Sewer Replacements Contract 2023; WSM-X (Forest Park Phase 1)_Form 1295 Certificate 101278558.pdf (CFW Internal) 6. ORD.APP_60WSSC23WSMX-KHA_56002_AO25(R2).docx (Public) 7.PBS CPN 105716.pdf (CFW Internal) 8. 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