HomeMy WebLinkAboutContract 51255 CITY SECRETARY
CONTRACT N0. 5 �J
DESIGN PROCUREMENT AGREEMENT
SEe 12 2p�� FOR
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p VENTANA LIFT STATION
This Design Procurement Agreement("Agreement"), entered into the I+ day of
2018 by and between the City of Fort Worth ("City"), a Texas home-rule
munici lity ("City"), acting herein by and through, its duly authorized Assistant City Manager,
and PB Ventana I,LLC,a Texas limited liability company("Developer")acting by and through
E. Peter Pincoffs, II, its duly authorized Manager. City and Developer are referred to herein
individually as a party and collectively as the parties.
Recitals
WHEREAS, the City and Developer each desire to make public infrastructure
improvements, including a lift station, required force main and gravity line in the City of Fort
Worth, Texas(the "Project")as further described in Attachment"A"; and
WHEREAS, City and Developer desire to enter into this Design Procurement Agreement
in order to accomplish the goals of the Parties; and
WHEREAS, Developer has determined that Jacobs Engineering Group Inc. ("Design
Consultant") should provide for the design of the Project based on demonstrated competence and
qualifications to perform the Design Consultant services for a fair and reasonable price; and
WHEREAS, City staff have reviewed the scope, fee and schedule for the design of the
Project and find them to be fair and reasonable; and
WHEREAS, Developer will initially fund the costs of Design Consultant and City will
reimburse Developer for the City's portion of the design up to a maximum amount of
$327,690.00); and
WHEREAS, City and Developer intend to execute a Community Facilities Agreement, or
other similar agreement, that provides for the Developer to construct the Project and seek
reimbursement from the City for the City's share of the easement costs, TXDOT permit costs,
Oncor extension costs, construction costs and eligible construction expenses as agreed by the
parties; and
WHEREAS, Developer shall not earn a fee based upon the City's portion of the design
fees paid to Design Consultant.
NOW, THEREFORE, for and in consideration of the above recitals and the mutual
covenants and agreements herein contained,the City and Developer agree as follows:
SECTION 1
GENERAL REQUIREMENTS
Design Procurement Agreement for Ventana Lift Station OFFICIAL RECORD Page 1 of 22
PB Ventana I,LLC
CITY SECRETARY
FT.WORTH,TX
1.1 The Project will generally consist of certain public infrastructure in the form of a lift station
and the required force main/gravity line necessary to connect to the existing 30-inch gravity
line located at the southeast corner of FM 2871 and Aledo Road as further described on
Attached "A".
1.2 Developer will retain Jacobs Engineering Group Inc. as the Design Consultant for the
Project pursuant to a written agreement, attached hereto as Exhibit"B".
1.3 The City and Developer intend to use a pro-rata cost sharing formula where the
Developer's portion of the Project Costs shall be a percentage of Developer's share of the
required peak flow capacity of the overall approximately 5.0 MGD capacity facilities
("Developer's Share"), and the City's portion of the Project Costs shall be the remaining
percentage ("City Share"). The pro-rata cost sharing formula shall be referred to herein as
("Cost Sharing"). The required flow capacity of the Ventana property is 1.7 MGD. This
required flow capacity was determined by a revised Sewer Study approved by the City that
will be solely funded by the Developer to include the revised Ventana boundary in
accordance with the City's policies and procedures.
1.4 Design Consultant's estimated fee for the Project is $496,500.00. City agrees to reimburse
Developer for the City's Share of the actual cost to design the Project, in an amount not to
exceed$327,690.00. The City will process progress payments to reimburse Developer for
the City Share of the Project Design Costs. Progress payments shall be made to Developer
no more frequently than monthly and shall be subject to a minimum threshold of
$50,000.00 before a payment is required to be made by the City to Developer. The Water
Department shall process payments as fast as reasonably possible, generally targeting no
greater than 30 business days.
1.5 The Project Design Costs shall include engineering design costs shown in Exhibit "B".
Real Property Expenses as defined in Section 1.6 below, Oncor charges associated with
bringing electrical service to the proposed lift station, and TXDOT permit fees will be
incorporated into a future CFA agreement. One construction plan will be generated for the
Lift Station and another construction plan will be generated for the Force Main and Gravity
Main. Other permit fees (including, but not limited to the City's IPRC fees)and other soft
costs will be at Developer's expense and not part of the Cost Sharing.
1.6 The cost for the land where the Lift Station will be located and any easements for the Force
Main/Gravity Line necessary to connect the Lift Station to the existing 30" Gravity Line
located at the southeast corner of FM 2871 and Aledo Road that are not located in the future
ROW dedication shall be part of a future CFA for which City and Developer will be Cost
Sharing ("Real Property Expenses"). Developer will not be reimbursed by the City or
receive any credit under the Cost Sharing formula for easements that will be dedicated
within future ROW. The dollar value attributable to Real Property Expenses in the Cost
Sharing formula for land or easements obtained from third parties shall be the cost of
acquisition paid to the third parties for the land or easements. The dollar value attributable
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PB Ventana I,LLC
to Real Property Expenses in the Cost Sharing formula for land owned by Developer or
easements dedicated to the City by Developer shall be$42,000.00 per acre. The Developer
shall negotiate any land or easements needed from third parties.
1.7 The Lift Station property will initially be provided within an exclusive sanitary sewer
easement. The Developer will be required to get approval of the City's Planning
Commission to defer platting of the site until the adjoining property is platted and to request
approval for issuance of the building permit for construction of the Lift Station in the
easement.
1.8 City shall have the ultimate right to approve or disapprove the Construction Documents.
SECTION 2
TERMINATION
2.1 Termination. This Agreement may not be terminated without cause by either party without
the prior written consent of the other party. A party receiving a written request for consent
to terminate this Agreement must respond in writing to the party delivering the request,
within thirty days of receiving the request.
2.2 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, at any
time during the term of the Agreement, the Fort Worth City Council fails to appropriate
funds sufficient for the City to fulfill its obligations under this Agreement, the City may
terminate the portion of the Agreement regarding such obligations to be effective on the
later of: (i) delivery by the City to Developer of written notice of the City's intention to
terminate or (ii) the last date for which funding has been appropriated by the Fort Worth
City Council for the purposes set forth in this Agreement.
SECTION 3
FORCE MAJEURE
3.1 If either Party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of
public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission,or agency of the United States or of any state;declaration of a state of disaster
or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of a Level Orange or Level Red Alert by the United States
Department of Homeland Security; any arrests and restraints; civil disturbances; or
explosions; or some other reason beyond the Party's reasonable control (collectively,
"Force Majeure Event"), the obligations so affected by such Force Majeure Event will be
suspended only during the continuance of such event.
SECTION 4
Design Procurement Agreement for Ventana Lift Station Page 3 of 22
PB Ventana I,LLC
LIABILITY AND INDEMNIFICATION
4.1 DEVELOPER SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANYAND ALL PERSONS,OFANYKIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
DEVELOPER,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
4.2 DEVELOPER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY
AND ALL CLAIMS,LAWSUITS,ACTIONS, COSTS,AND EXPENSES OFANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTYDAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY
RESULTING LOST PROFITS)AND/OR PERSONAL INJURY(INCLUDING DEATH)
THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I)
DEVELOPER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS
AGREEMENT OR (H) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL
MISCONDUCT OF DEVELOPER, ITS OFFICERS, AGENTS, ASSOCIATES,
EMPLOYEES, CONTRACTORS(OTHER THAN THE CITY), OR SUBCONTRACTORS
RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS
OFFICERS,AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,AND IN THE
EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH DEVELOPER
AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED
COMPARATIVEL YINACCORDANCE WITH THE LA WS OF THE STATE OF TEXAS.
NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S
GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF
TEXAS.
4.3 Developer shall require all of its subcontractors to include in their subcontracts a release and
indemnity in favor of City in substantially the same form as above. This section shall survive
the expiration or termination of this Agreement.
SECTION 5
INSURANCE
5.1 Developer shall maintain the insurance requirements set forth in Exhibit C, which is
attached hereto and incorporated herein for all purposes.
SECTION 6
NONDISCRIMINATION
6.1 Developer shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual
orientation or any other prohibited criteria in performing the services under this Agreement.
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PB Ventana I,LLC
SECTION 7
VENUE AND CHOICE OF LAW
7.1 Developer and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. If any action,whether real or asserted, at law or in equity,arises
on the basis of any provision of this Agreement, venue for such action shall lie in state
courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas—Fort Worth Division.
SECTION 8
THIRD-PARTY RIGHTS AND ASSIGNMENTS
8.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
Developer, and any lawful assign or successor of Developer, and are not intended to create
any rights, contractual or otherwise,to any other person or entity.
8.2 Developer agrees that it will not subcontract or assign all or any part of its rights,privileges
or duties hereunder without the prior written consent of the City, and any attempted
subcontract or assignment of same without such prior consent of the City shall be void.
SECTION 9
BINDING COVENANTS
9.1 Subject to the limitations contained herein,the covenants,conditions and agreements made
and entered into by the parties hereunder are declared to be for the benefit of and binding
on their respective successors, representatives and permitted assigns, if any.
SECTION 10
INDEPENDENT CONTRACTOR
10.1 Developer shall perform all work and services hereunder as an independent contractor,and
not as an officer, agent, servant or employee of the City. Developer shall have exclusive
control of, and the exclusive right to control the details of the work performed hereunder,
and all persons performing same, and shall be solely responsible for the acts and omissions
of its officers, agents, employees and subconsultants (or subcontractors). Nothing herein
shall be construed as creating a partnership or joint venture between the City and
Developer, its officers, agents, employees and subconsultants (or subcontractors), and
doctrine of respondent superior has no application as between the City and Developer
SECTION 11
AMENDMENTS, CAPTIONS,AND INTERPRETATION
11.1 Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon the written consent of both the
City and Developer.
11.2 Captions and headings used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
Design Procurement Agreement for Ventana Lift Station Page 5 of 22
PB Ventana I,LLC
11.3 In the event of any dispute over the meaning or application of any provision of this
Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more
strongly for or against any party, regardless of the actual drafter of this Agreement.
SECTION 12
GOVERNMENTAL POWERS AND IMMUNITIES
12.1 It is understood that by execution of this Agreement,the City does not waive or surrender
any of its governmental powers or immunities.
SECTION 13
AUTHORIZATION AND COUNTERPARTS
13.1 By executing this Agreement on behalf of Developer,the person signing below affirms that
he or she is authorized to execute this Agreement and that all representations made herein
with regard to the signer's identity,address, and legal status are true and correct.
13.2 This Agreement may be executed in several counterparts,each of which will be deemed an
original, but all of which together will constitute one and the same instrument.
SECTION 14
SEVERABILITY AND NO WAIVER
14.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant,
condition or provision shall in no way affect any other covenant, condition or provision,
and does not materially prejudice either Developer or City in connection with the rights
and obligations contained in the valid covenants, conditions or provisions of this
Agreement.
14.2 The failure of either party to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that
party's right to insist upon appropriate performance or to assert any such right on any future
occasion.
SECTION 15
COMPLIANCE WITH LAWS
15.1 This Agreement is subject to all applicable federal, state and local laws, ordinances, rules
and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
15.2 If City notifies Developer or any of its officers, agents, employees, contractors,
subcontractors, licensees,volunteers,or invitees of any violation of such laws,ordinances,
rules or regulations, Developer shall immediately desist from and correct the violation.
SECTION 16
NOTICES
Design Procurement Agreement for Ventana Lift Station Page 6 of 22
PB Ventana I,LLC
16.1 Notices to be provided hereunder shall be sufficient if forwarded to the other party by hand-
delivery or via U.S. Postal Service certified mail,postage prepaid,to the address of the other
party shown below:
To the City: To Developer:
Fort Worth Water Department PB Ventana I, LLC
Attn: Attn: Taylor Baird& Peter Pincoffs
200 Texas Street 4145 Travis Street, Suite 202
Fort Worth, Texas 76102 Dallas, TX 75209
with copies to:
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
and
City Manager's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
SECTION 17
HEADINGS
17.1 The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of this Agreement.
SECTION 18
RIGHT TO AUDIT
18.1 Developer agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of the Developer involving transactions
relating to this Agreement. Developer agrees that the City shall have access during normal
working hours to all necessary Developer facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Developer reasonable advance notice of intended audits.
Developer further agrees to include in all its subcontracts hereunder a provision to the effect
that the subconsultant agrees that the City shall, until the expiration of three(3)years after
final payment under the subcontract, have access to and the right to examine any directly
pertinent books, documents, papers and records of such subconsultant, involving
Design Procurement Agreement for Ventana Lift Station Page 7 of 22
PB Ventana I,LLC
transactions to the subcontract, and further, that 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. City shall give subconsultant reasonable advance notice of intended audits.
SECTION 19
PROHIBITION ON BOYCOTTING ISRAEL
19.1 Developer acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1)
does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in
Section 808.001 of the Texas Government Code. By signing this contract, Developer
certifies that Developer's signature provides written verification to the City that
Developer: (1) does not boycott Israel, and(2) will not boycott Israel during the term of
the contract.
SECTION 20
SOLE AGREEMENT
20.1 This Agreement, including any exhibits attached hereto and any documents incorporated
herein, contains the entire understanding and agreement between the City and Developer,
and any lawful assign and successor of Developer, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the
extent in conflict with any provision of this Agreement.
(Remainder of Page Intentionally Left Blank)
Design Procurement Agreement for Ventana Lift Station Page 8 of 22
PB Ventana I,LLC
IN WITNESS THEREOF,the parties have made and executed this Agreement in multiple
originals to be effective on the date signed by the Assistant City Manager, in Fort Worth, Tarrant
County,Texas.
CITY OF FORT WORTH: DEVELOPER
Jesus J. Chapa E Peter Pincoffs III
Assistant City Manager Manager PB Ventana I,LLC
Date: �.� 'G�3 Date:
RECOMMENDED BY:
cfle ISL
APPROVED AS TO FORM AND LEGALITY:
Richard A. McCracken
Assistant City Attorney
ATTEST:
Contract Compliance Manager
i y S ary
U :_
By signing I acknowledge that I am the
person responsible for the monitoring and
Date ............... administration of this contract, including
ensuring all performance and reporting
' requments
AGREEMENT AUTHORIZATION:
M&C: C-28780 Name:
Title: � , Ax"
Date approved: 8/7/18
Form 1295: 2018-380562
Design Procurement Agreement for Ventana Lift Station Page 9 of 22
PB Ventana I,LLC OFFICIAL RECORD
CITY SICRIr'T'ARY
I�"�'.*OWN,YX
EXHIBIT A
It1t[ll1C11 !iII i�
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I.
ASA03 VENTANA UFT STATION EXHIBIT A
VENTANA
City of Fort Worth,Tarrant County,Texas
Jacobs Project No.WFX008W 0 soo 1.wo 2000
FFFT
Design Procurement Agreement for Ventana Lift Station Page 10 of 22
PB Ventana I,LLC
EXHIBIT B
,BD9 Bryan S,reel.Suite,300
Unitrtl Stat�a
•,314 SA].A300
www israUa com
ADDITIONAL SERVICES
AUTHORIZATION
PROJECT Vantana Mesta,Lift Station,Fore.Main and
NAME: Gravity System PROJECT
City of Fort Worth,Tarrant County.Texas NUMBER: WFXOO810
CLIENT: PMB Ventana Developer,LLC
Art.- Rm Taylor Baird
ADDRESS: 4145 Travis Street,Suite 202
Dallas.Texas 75204
Client hereby requests and authonzes Jacobs Engineering Group Inc.(-Jacobs-)to perform the following Additional
Services under the Professional Services Agreement executed between Jacobs Engineering Group Inc.and Client
dated July 1 O,2017(the-Agreement') The Agreement is incorporated herein and forms an integral part of thio
Additional Services Authorization. To lha axtent o/any conflicts between the terms end conditions o!this Additional
Services Authorization and the Agreement,the Agreement shall control
SERVICES
AUTHORIZED: Ghent authorizes Jacobs to perform the Servicas described in Exhibit A attached herato and
Incorporated by reference herein.
COMPENSATION(Select One):
M Time and Materials as per Exhibit A
LJ Firm Fixed price of E as par Exhibit A
n Other as par Exhibit A
Accepted for PMB VENTANA DEVELOPER,LLC Accepted for JACOBS ENGINEERING OROUP INC.
BY } __
- —.c.a* BY
Name: G ��a� Name S Brad Davis - --- -
Title: Title- Vice P -_-_--�--_-�-_---- --
lAClf7a.�aG�Z resident
Dale: gel-.�t�j DaleJune 14,2018
XOOA,O.ASAO] Rnlneatl 0)-201]
MdlOonai Services AuihorizsUon
Design Procurement Agreement for Ventana Lift Station Page 11 of 22
PB Ventana I,LLC
EXHIBIT A
SCOPE OF SERVICES AND COMPENSATION
This Exhibit A is incorporated as a part of the Agreement between the parties and is incorporated by
reference therein. The basis of compensation for Jacobs providing the services as described herein.
PROJECT IDENTIFICATION
Company Name: PMB Ventana Developer,LLC
Project Number. WFXO0810
Project Name: Ventana Master Lift Station,Force Main and Gravity System
Location: Southwest of Chapin School Road and Atedo Road
City. City of Fort Worth
County: Tarrant County
State: Texas
GENERAL PROJECT DESCRIPTION
Jacobs Engineering Group Inc. (Jacobs)will provide professional services for the Ventana Master Lift
Station,Force Main and Gravity System,as shown on the attached Exhibit B_
The following scope is for the planning,design,bidding and construction administration services for a lift
station,force main and gravity system to serve the Ventana development and adjacent areas located in
the wastewater service basin. It is anticipated that the lift station will contain submersibEe pumps(three or
more)with an approximate capacity of 5 MGD.
SCOPE OF SERVICES
I. OVERALL SURVEYING AND ENGINEERING SERVICES
A. PRELIMINARY DESIGN REPORT
Based on previously prepared wastewater master pian by others:
• Verify the sanitary sewer flows for the lift station design.
• Site Layout — Configure the lift station site according iD Fort Worth guidelines and to
facilitate ease of access and incorporate the lift station site into the overall Development
Plan.
• Calculate Total Dynamic Head (TDH) to prepare system head curves and determine
submersible pump capacities.
• Provide load summary and layout for utility provided infrastructure_
• Collect pump curves from at least two reputable submersible pump manufadnrers and plot
pump curves vs.system curves.
• Establish appropriate discharge pipe siting.
• Size proposed wet well.
• Develop other design parameters, including lift station, water hammer, site electrical
requirements (power and instrumentation/control), buoyancy analysis, and required
emergency storage volume.
• Specify the odor control with detailed design anticipated by manufacturer.
• Prepare preliminary lift station site plan (30% Design) with preliminiary force man and
gravity line layout
Jacobs NWFX00810.ASA03 Exhibit A—Scope of Ser ices and Campensatim June 14,2018
PMB Ventana Developers.LLC—Vertana Master Lift Statim Force Man and Gravity System Pape 1 d 8
Design Procurement Agreement for Ventana Lift Station Page 12 of 22
PB Ventana I,LLC
• Submit bound Preliminary Design report including appendices presenting design
calculations and equipment performance curves to Client and City for review and approval.
• Address comments on the report and resubmit one time for approval_
• Attend one meeting with City staff to review project prior to initiating final lift station
design.
• Submit bound Final Design report to Client and City.
B. TOPOGRAPHIC SURVEY
Perform a field topographic survey,tnckiding the lift station site, 100'in width along the proposed
alignment and provide topographic mapping with a mininum of one-foot contour intervals and
identify positions and elevations of natural ground features and surface visible features. The
alignment of the force main is assumed as shown on Exhibit B.
C EXISTING UTILITY VERIFICATION
Coordinate with the pipeline companies and prepare exhibits depicting the location, horizontal
and vertical of oil/gas pipelines and TRWD raw waterlines identified on site. In conjunction with
Client and pipeline companies, provide field survey for the `pot hole shots on covered Imes_
Budget estimate fee for this task includes subcontractor service for uncovering pipes via hydro-
excavation or`pot hole'process.
D. RIGHT-OF-WAY AND EASEMENT LEGAL DESCRIPTION AND EXHIBIT
Prepare a metes and bounds legal description and graphic exhibit for the purpose of describing
the location of right of way or an easement specified by the Client Each legal description will be
prepared based on a field survey of the subject tract or tracts of land affected by the easement.
The easement description will meet the current Texas Board of Professional Land Surveying
Standards and Procedures of Practice_The descriptions and exhibits will be provided to the Client
or Client's agent to be included as part of the easement documents(prepared by others).The fee
for this task assumes up to five easements will be needed.Additional easement documents will
be billed as an additional service.
E. COORDINATION WITH OTHERS
Attend and coordinate with franchise utility and electric providers, environmental consultant,
geotechnical engineer,TRWD,and others,including sharing of files and coordination meetings as
requested by Client.
F. GENERAL PROJECT MEETINGS
Attend major milestone meetings throughout the course of the design phases to coordinate the
project Project meetings include Client,Clty,and other consultants.
11. ENGINEERING SERVICES
A. CONSTRUCTION PLANS
1. Lift Station
• Prepare plan and profile sheets, which include but not limited to ail mechanical piping,
pumps, valves, controls, ventilation, emergency by-pass pumping and flow metering
equipment
• Prepare site plans, including yard piping, lighting, perimeter security fencing and all-
weather access road.
Jacobs a ATX00610ASA03 Exhibit A—Soape of Services and Compensation June%4.20 f8
P16 Ventana Developers.LLC—Ventana MasW Lift Station.Face Mam and Grimly System Page 2 of 8
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PB Ventana I,LLC
• Prepare a grading plan within the faciity footprint
• Prepare concrete structural plan and elevation for wet well and a valve vault and metering
chamber, including structural details. Design will be based on recommendations in
geotechnical report(by others).
• Prepare electrical site plan and detail sheet(s),which inckides details for supplying power
to pumps, instrumentation and associated equipment.Lift station control panel system will
be part of the pump manufacturer package. Plans will include location of SCADA panel
(designed by others it required, line of sight study excluded). Provide instrumentation
specification for City review and approval_ Specification shall inckide language for the
contractor to supply and install instrumentation panels,wiring and associated equipmerd,
mono radio tower with reinforced concrete base, and I/O to PLC and associated
programming. Determine and coordinate with City to determine VO List to include in the
specification. City will provide equipment fist to incorporate in instrumentation specification.
City will connect PLC and HMI and is not part of the contractor's scope. City will provide
height of the tower required to include in the specification. Power is assumed to be 3
phase and available at the lift station site. Review and coordination of offsite power
designed by others is included by separate task this contract
• Reserve a location for odor control system with detailed design by manufacturer.
• Prepare plans for an intruder resistant security fence wire and double swing access gate
with padlock.
• Prepare erosion control plans_
• Prepare construction notes and details to supplement any City standards.
• Prepare and submit a `Summary Transmittal Letter', in accordance with 30TAC§217,to
the TCEQ,if required
2. Force Main and Gravity Line
Prepare construction plans for approximately 8,000 linear feet of force main pipe from the Lift
Station to the existing City sanitary sewer system_ Prepare construction pians for
approximately 1,600 linear feet of gravity sanitary sewer from the existing Ventana Phase
1JPhase 2 connection to the City of Fort Worth and City of Benbrook systems. The plans will
include plan and profile design.
3. Access Road
Prepare construction plans for an aN-weather access road connecting the proposed lift station
site to Jerry Dunn Parkway along the eastern boundary of the City of Fort Worth's City limits_
The plans will include plan and profile design with a single anticipated low-water crossing.
Should a low-water crossing not be allowed, Storm Water Management, iSWM Analysis,
Floodplain Development Permits or detailed bridge or culvert crossing design will be billed as
an additional service.
B. COMMUNITY FACILITIES AGREEMENT
Prepare and submit a Community Facilities Agreement(CFA),financial guarantee,cost estimates
and exhibits in accordance with City of Fort Worth requirements and process through the City for
approval. The fee for this task assumes two CFAs will be prepared(one for frft station,one for
linear force main and gravity lines).
C. CONSTRUCTION BIDDING SERVICES
One set of quantities will be obtained upon initial City submittal and upon approval of plans_
Other quantity takeoffs will be prepared on an hourly basis_
Jacobs AAFX0081CASA03 Exhibit A—Scope of Services and Campem alien June 14,21318
PMB Ventana Developers.LLC—Ventana Master Lilt Sumac,Fane Mann and Gravity System Page 3 of 8
Design Procurement Agreement for Ventana Lift Station Page 14 of 22
PB Ventana I,LLC
Prepare construction bid packages for lift station improvements and site grading, and one
package for force main and gravity utilities. These packages will include quantity estimates, bid
forms,and specifications(if required). One set of quantities will be obtained upon approval of the
plans. Jacobs will receive bids,review bids,and prepare bid summary.
D. SPECIFICATIONS AND CONTRACT DOCUMENTS
Prepare specifications and contract document books (one for force main and gravity line
improvements and one for lift station improvements). This scope includes coordination with the
awarded contractor and Client to obtain items required within the documents (certificates of
insurance,bonds,ate.).
E. CONSTRUCTION ADMINISTRATION
1. Attend Pre-Construction Conference with the successful Contractors,City,and the Client to
discuss the project in detail. Provide one set of final plans for Contractor,City and Client with
electronic version for Contractor distibution lo subcontractors,as necessary.
2. Make periodic visits to the site to observe the progress of construction activity and to
determine,in general,if the work is proceeding in accordance with the information given and
the design concept expressed in the Contract Documents. This review should not be in lieu
of work performed by City Inspectors, but will be more general in nature. Jacobs has no
respo nsibifities for projects safety,construction means and methods or construction quality,
cost or schedule. Periodic site visits will consist of one site visit per month for three hours
each for ten months,assuming approximately 30 hours of effort.
3. Prepare a summary of quantity changes from the Bid Set to the final approved drawings.
Contractor and/or Owner to prepare change order.
4. Calculate inspection fees based on final contract amount
5. Coordinate with the contractor and owner regarding plan interpretation and attend meetings
and site visits as required_
6. Consult with and advise the Client,issue instructions to the Contractors on behalf of and as
requested by the Client.
7. Review contractor change orders as requested.
8. Accompany Ciernt, City Staff, and utility providers on the final inspection of the project for
compliance with the Contract Documents.
9. Prepare record drawings based on data (modifications, adjustments, etc.) from the
Contractor.Record drawings will be prepared using contractor issued redlined drawings.This
scope assumes minor revisions are required.Furnish a set of prints of these record drawings
to the Client
10.Assist the Client in obtaining final acceptance of the project by the City,utility providers,and
TCEQ as required.
The effort for this task is hourly with a budget estimate assuming approximately 150 hours.
Additional effort required or requested beyond the budget estimate will be billed as an additional
service.
Jacobs#WFX00810ASA03 Exhibit A—Scope of Servkes and Compensation Aare t4,2018
PMB Venom Developers.LLC—Ventana Master lift Station,Fame Main and Gravity System Paye 4 of 8
Design Procurement Agreement for Ventana Lift Station Page 15 of 22
PB Ventana I,LLC
Ill. SURVEYING CONSTRUCTION STAKING
A. CONSTRUCTION STAKING
1. Lift Station
Provide one complete set of alignment and grade stakes to prep and grade site. Including
wet well horizontal and vertical offsets and site control for Contractor use during construction.
2. Farce Main and Gravity Line
Provide one complete set of alignment and grade stakes on 100'centers on tangents and 50'
centers on curves.
3. Access Road
Provide one complete set of alignment and grade stakes on 100'centers on tangents and 50'
centers on curves.
4. Electrical Service
Provide one complete set of alignment stakes on 100'intervals on tangents and 50'interval
on curves. Approximate nearest three phase power is anticipated it Benbrook,along Jerry
Dunn Parkway,approximately 3,000 feet from lift station site_
ADDFTIONAL SERVICES
From time to time, the Client may require additional services to those described above. Jacobs will
provide these services and be compensated_ Additional services will be paid for by Client as indicated in
Additional Services Authorization or such other document as deemed appropriate by Client and Jacobs.
Additional Services shall consist of,but not be limited to,the following items:
A. Environmental Delineation or Permitting.
B. Storm Water Management Plan and Floodplain Development Permit for Access Road Crossing.
C. Geotechnical Engineering for Lit Station site.
D_ Project Management,it requiredMMuested solely by Client
GENERAL CONDITIONS
This Exhibit A is based on the following General Conditions:
A. All research for the boundary verification, including easements, adjoining deeds, etc_, will be
provided by the Client will be performed by an outside deed research company and billed as a
reimbursable expense.
B. All negotiations and coordination with adjoining property owners will be by Client
C_ Site will be mowed by Client prior to design surveys.
D. Site will be cleared prior to grading stakes being set
E. Pavement section design will be the responsibility of the Client and is not included in this Scope.
City standards will be used unless otherwise directed by Client
F. Site will be developed in accordance with City of Fort Worth subdivision ordinance.
Jacobs NWFX00815.ASA03 Exhibit A-Soope of Services and Compensation June 14,2018
PMB Vw ana developers.LLC-Veritma Master Lit Station,Face Man and Gravity Syst m Page 5 of 8
Design Procurement Agreement for Ventana Lift Station Page 16 of 22
PB Ventana I,LLC
COMPENSATION SCHEDULE
WBS Lump Sum Hourly
(Budget
Estimate)
I. OVERALL SURVEYING AND ENGINEERING SERVICES
A. Preliminary Design Report 0830 $2900000
B. Topographic Survey 0510 $7,500.00
C. Existing Utility Verification 0511 $20,000.00
D. Right-of-Way and Easement Legal Description and
Exhibit 0560 $7,500.00
E_ Coordination with Others D600 $15,000.00
F. General Project Meetings H601 $10.00.00
11. ENGINEERING SERVICES
A. Construction Plans
1. Lift Station 0835 $145,000.00
2. Force Main and Gravity Line 0630 $39,000-00
3_ Access Road D631 $4,500.130
B. Community Facilities Agreement
1. Lift Station D608 $5,060-00
2. Force Main and Gravity Line 0509 $4,500-00
C. Construction Bidding Services
1.Lift Station 0840 $5,000.00
2_ Force Main and Gravity Line 0640 $4,500.00
D. Specifications and Contract Documents
1. Lift Station 0641 $S OOD.DD
2. Force Main and Gravity Line 0642 $4,500.00
E. Construction Administration 0845 $35,000.00
Ill. CONSTRUCTION STAKING
A, Construction Staking
1. Lift Station 0526 $4 000.00
2. Force Main and Gravity Line 4525 $6 560.00
3. Access Road 0515 $2,500-00
4. Electrical Service 0535 $2,500.00
Sub-Total: $291,500.00 $65,000.00
Reimbursable Expenses Allocation: $15,000.00
TOTAL: $371,500.00
Jacobs#WFX00010ASM3 Exhibit A—Soape of Services and Compensation June 14.2018
PM6 Ventana Developers,LLC—Varna Master LA Station,Force Main and Grarltg System Pape 6 of S
Design Procurement Agreement for Ventana Lift Station Page 17 of 22
PB Ventana I,LLC
IV.ADDITIONAL SERVICES ITEMS:
A. Environmental Delineation or Permitting $25,000.00
B. Storm Water Management Plan or Floodplain
Development Permitting for Access Road Crossing $30,000.00
C. Geotechnical Engineering for Lift Station Site $20,000.00
D. Project Management $50,G00.00
GRAND TOTAL: $496,500.00
This fee amount will be valid for 90 days_
REIMBURSABLE EXPENSES
In performance of the Scope of Services described above, the follawing types of expenses are not
contemplated in the Total Contract Anwunt shown above. These are considered reimbursable expenses
and Jacobs will be compensated for providing same in accordance with the following:
Reimbursable Expenses include the following items:
1. Out-ofixodret expenses related to employee travel and mileage,courier expenses,and
reprographics shall be reimbursed at cost plus ten percent
2. The cost of subcontracted services such as authorized borings,materials testing,and other
specialized services by outside consultants shall be reimbursed at cost plus ten percent
3. Cost of permits or fees required by regulatory agencies or departments obtained on behalf of the
Client shall be reimbursed at cost plus ten percent.
4. Safes tax as required by state law for surveying and professional services.
STANDARD BILLING RATES(Effective Date:January 1,2018)
Cateoory Bill Rate Slliour
Clerical/Admin S 50- 80
Designer $ 70- 90
Senior Designer S 90-120
EFT S 70-100
Project Engineer $ 90-120
Project Manager $130-180
Senior Project Manager $190-225
Program Manager $225-275
Survey Instrument Technician(Field) $ 40- 70
Survey Party Chief $ 60- 90
Survey Technician(Office) $ 60- 90
Survey Project Manager $120-170
Construction Inspector $ 75-110
Hydrologist $ 70-100
Environmental Scientist/Engineer $ 60- 90
Landscape Architect $ 80-120
Planner $ 70-120
Sr.Planner $120-190
Notes: This Standard Biting Rate schedule reflects he range of baling rates for perumnel perkrwkg pmbssiwial
services under the Agreement for the respective category. The ad"hourly rate billed win be for the speeft employee
who provides the service in pertarmanoe of the Work and ni be mhin the ranges shorn above. These rates are valid for
one yearfrom he date specified as INFective Dae'above and subject to aditisirnent thereafter.
Jaocbs OWFXOg810.AS1 EAU A—Scope of Services and Compensation .lune 14.2018
PMB Ventana Developers.LLC--Ventana Masts Lift Station,Force Man and Cka ity Systan Page 7 of 8
Design Procurement Agreement for Ventana Lift Station Page 18 of 22
PB Ventana I,LLC
This Rate Schedule is not an all-inclusive list of categories of personnel employed by Jacobs. Should there be a need to
use a category(s)of personnel additional to the categories listed above,they will be discussed with the Client at the tme
their service requirements are defined and this Rate Schedule mended accordingly.
JACOBS'CONTACT FOR ALL CORRESPONDENCE
Please direct all correspondence to: Kevin C.Kessler,P.E.
Project Manager
(214)920-8106
Kevin.Kessler@Jacobs.com
Jacobs Engineering Group Inc.
1999 Bryan Street,Suite 1200
Dallas,Texas 71,201
Jacobs#W FX00810.ASA03 Exhibit A-Scope of Services and Compensation June 14,')018
PM8 Ventana Developers,LLC-Ventana Master Lift Station,Force Main and Gravity System Page 8 0`a
Design Procurement Agreement for Ventana Lift Station Page 19 of 22
PB Ventana I,LLC
r i� yIFLr� � ff
_ r
_ k
N
ASA03 VENTANA UFT STATION EXHIBIT d
VENTANA
City of Fort WortK Twont County.Te�oos
Jocobs Project No.WFX008M a ��oo 1000
Design Procurement Agreement for Ventana Lift Station Page 20 of 22
PB Ventana I,LLC
EXHIBIT C
1.01 Duty to Acquire and Maintain. Developer shall ensure that a policy or policies of insurance
are procured and maintained at all times, in full force and effect,to provide coverage of the types
and amounts specified herein, naming the City as an additional insured as set forth herein, and
covering all public risks related to this Agreement. The insurance required hereunder may be met
by a combination of self-insurance and primary and excess policies.
1.02 Types and Amounts of Coverage Required
a. Commercial General Liability:
(1) $1,000,000.00 per occurrence, $2,000,000.00 aggregate, including
coverage for the following: (i)Premises Liability;(ii)independent contractors;(iii)
products/completed operations; (iv) personal injury; (v) contractual liability; (vi)
explosion, collapse, and underground property damage
b. Property Damage Liability:
(1) $1,000,000.00 per occurrence
C. Umbrella Policy
(1) $1,000,000.00
d. Automobile Liability:
(1) $1,000,000.00 Each accident on a combined single-limit basis
e. Worker's Compensation:
(1) As required by law
f. Employer's Liability:
(1) $1,000,000.00 per accident
1.03 Revisions to Required Coverage. At the reasonable recommendation of the City's Risk
Manager,the City may at any time revise insurance coverage requirements and limits required by
this Agreement. Company agrees that within ten (10) days of receipt of written notice from the
City, all such revisions requested by the City will be implemented. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but not
limited to, cancellation, termination, non-renewal, or amendment, shall be made without thirty
(30)days' prior written notice to the City.
Design Procurement Agreement for Ventana Lift Station Page 21 of 22
PB Ventana I,LLC
1.04 Underwriters and Certificates. The insurers for all policies must be licensed and approved
to do business in the State of Texas. Except for workers' compensation, all insurers must have a
minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably
equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, prior written approval of the City's Risk Management Division is required.
Within ten(10)business days following execution of this License,Developer shall ensure that City
is furnished with certificates of insurance signed by the respective companies as proof that the
types and amounts of insurance coverage required herein have been obtained. In addition,
Developer shall, on demand,provide the City with evidence that it has maintained such coverage
in full force and effect.
1.05 Deductibles. Deductible or self-insured retention limits on any line of coverage required
herein shall not exceed $25,000.00 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
1.06 No Limitation of Liability. The insurance requirements set forth in this section and any
recovery by the City of any sum by reason of any insurance policy required under this License
shall in no way be construed or affected to limit or in any way affect Company's liability to the
City or other persons as provided by this Agreement or law.
1.07 Umbrella or Excess Liability. If insurance policies are not written for specified coverage
limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability
shall follow form of the primary coverage.
1.08 Additional Insured. The City, its officers, employees and volunteers shall be named as an
Additional Insured on the Automobile and Commercial General Liability policies.
1.09 Waiver of Subro ag tion. The insurance shall include a waiver of rights of recovery
(subrogation) in favor of the City of Fort Worth.
1.10 Copies of Policies and Endorsements. City shall be entitled, upon request and without
expense, to receive copies of policies and endorsements thereto and may make any reasonable
requests for deletion or revision or modifications of particular policy terms,conditions,limitations,
or exclusions in order to comply with the requirements of this Agreement except where policy
provisions are established by law or regulations binding upon either of party or the underwriter on
any such policies.
1.11 Certificate of Insurance. Developer shall submit to the City a certificate of insurance
evidencing all required insurance coverage and any applicable endorsements.
Design Procurement Agreement for Ventana Lift Station Page 22 of 22
PB Ventana I,LLC
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Forr To-
N
COUNCIL ACTION: Approved on 8/7/2018
REFERENCE ** 60VENTANA DESIGN
DATE: 8/7/2018 NO.: C-28780 LOG NAME: PROCUREMENT
AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Design Procurement Agreement with PB Ventana I, LLC, in the
Amount of$496,500.00, with City Participation in the Amount of$327,690.00 for the
Engineering Design of a Sanitary Sewer Lift Station, Force Main and Gravity Line Located
Southwest of FM 2871 and Aledo Road for Future Growth in Southwest Fort Worth and for
the Ventana Development(COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Design Procurement Agreement
with PB Ventana I, LLC, in the amount of$496,500.00, with City Participation in the amount of
$327,690.00, for the Engineering Design of a Sanitary Sewer Lift Station, Force Main and Gravity
Line located southwest of FM 2871 and Aledo Road for future growth in Southwest Fort Worth and for
the Ventana Development(CPN 10 1675)
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is for the City to participate with PB
Ventana I, LLC (Developer) in the engineering design cost of a sanitary sewer lift station, force main,
and gravity main, to be located southwest of FM 2871 and Aledo Road. The Developer is designing
and constructing the Ventana Development(Project). The Developer has retained Jacobs
Engineering Group, Inc., as the engineering consultant to perform the design of the sanitary sewer lift
station, force main, and gravity main needed for the Developer's Project. Staff has asked the
Developer to expand the engineering scope to increase the design capacity of the proposed sanitary
lift station, force main, and gravity main from 1.7 million gallons per day (MGD)to 5.0 MGD in order to
provide for future growth located within the Fort Worth city limits in Southwest Fort Worth.
The estimated fee for the City's portion of the engineering design, topographic survey, easement
preparation, subsurface utility exploration, construction documents, and bidding services is
$327,690.00. The engineering design will be reviewed through the City's Infrastructure Plan Review
process. Staff concurs that the fees charged by Jacobs Engineering Group, Inc., are fair and
reasonable for the work to be performed and for the expected final work product.
Cost Sharing
Breakdown
PB Ventana I LLC, $168,810.00
Participation
City of Fort Worth Participation $327,690.00
Total Engineering Design Cost $496,500.00
In additional to the amount of$327,690.00 needed for the design agreement, $25,000.00 is required
for project management and real property staff cost for a total cost of$352,690.00.
Upon completion of design, an M&C will be submitted to the City Council for approval of a Community
Facilities Agreement with City Participation for the City's share of the construction costs.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26127&councildate=8/7/2018 09/12/2018
M&C Review Page 2 of 2
This project is located in COUNCIL DISTRICT 3, Mapsco 86N, 86S, 86T, 86X, and 86W.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budget, as
appropriated, of Water and Sewer 2017A Bond Funds. The Water and Sewer Bond 2017A CFA
Programmable Project P00001 includes an appropriation of$7,818,928.00 for the city participation on
developer capital projects. After the funding of this M&C, the amount of$7,332,183.00 of the
appropriation will be available to fund future individual projects
TO
Fund Department Account ProjectProgram Activity Budget Reference# Amount
ID ID Year Chartfleld 2
FROM
Fund Department Account Project Program Activity Budget Reference#
ID ID Year Chartfield 2 Amount
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Chris Harder(5020)
Additional Information Contact: Wendy Chi-Babulal (8242)
ATTACHMENTS
60Ventana Desgin Procurement Agreement MAP.pdf
Ventana Lifts Station DPA Form 1295 Certificate.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26127&councildate=8/7/2018 09/12/2018
C,-D 1 ge
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos_1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 12018-380562
PB Ventana 1, LLC
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/16/2018
being filed.
City of Fort Worth Date Acknowl d
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
101675
DPA Lift Station
Nature of interest
4
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling Intermediary
Jacobs Engineering Dallas,TX United States X
PMB Capital Investments LP Dallas,TX United States X
Pincoffs, Peter Dallas,TX United States X
Baird,Taylor Dallas,TX United States X
5 Check only if there is NO Interested Parry. ❑
6 UNSWORN DECLARATION /
My name is —F�`�� �.Q t�� and my date of birth is
Myaddressis `ms t ,4V(S ST-
(street)
r(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in dam` County, State of 7P kP 1 on the 16 11.
day of SVL—,2019
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics,state.tx.us Version V1.0.6711