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HomeMy WebLinkAboutContract 55273 CSC No. 55273 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 Freese and Nichols, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: North Holly Water Treatment Plant Filter Rehabilitation Project. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $138,999.00 as set forth in Attachment B. B. 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, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 1 of 17 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11,17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 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. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing 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 City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/[nstallation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated 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.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify 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 Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. 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, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. 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 (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 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. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. 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 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc a Bur�doff(Feb 4,202 :48 CS7J _ —o \ 0,CA/,C', Dana Burghdoff � Assistant City Manager David R. J cks n, PE Date: Feb 9' 2021 Vice Presi Date: October 12, 2020 APPROVAL RECOMMENDED: Christopher ffarder By Christopher Harder(Feb 2,20210938 CST) 7 Christopher Harder, PE City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Director, Water Department 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. 4Urh,P A. AI&IIibc Martin A.Phillips(Jan 29,20211:45 CST) Martin A. Phillips, PE Engineering Manager APPROVED AS TO FORM AND LEGALITY SwAorl By:Mack(Feb 4,20211T:05 CS-0 Douglas W. Black Assistant City Attorney a � 4 2020-679535 ATTEST: as FORT a Form 1295 No. � ��o°00000000 �� °U o n Mary J. Kayser p t�o S=� M&C No.: o[G City Secretary ��� o° °0 a °°°°°°°°°° � M&C Date: [Q 1 1 S — a o a o � nEX Asa�a City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 17 of 17 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX ATTACHMENTA DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 ATTACHMENT A SCOPE OF SERVICES FOR NORTH HOLLY WTP FILTER MODIFICATIONS CITY PROJECT NO.: 103049 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1. Design Management Task 2. Design Phase Services Task 3. Bid Phase Services Task 4. Construction Phase Services TASK 1. DESIGN MANAGEMENT. ENGINEER shall help facilitate an efficient use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change: ■ through communication, ■ by coordinating internally and externally as needed, and ■ proactively addressing issues with the CITY's Project Manager (PM) and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct the consultant team activities. • Verify quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports. • Prepare and submit baseline Project. CITY of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 7 ATTACHMENT A DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 ASSUMPTIONS • 16 monthly water department progress reports will be prepared. • The project schedule will be prepared in Microsoft Project. DELIVERABLES • Monthly invoices. • Monthly progress reports. • Baseline schedule. TASK 2. DESIGN PHASE SERVICES. 2.1 Kick-off Workshop • Facilitate a project kick-off workshop with CITY staff to confirm and clarify scope and schedule, understand CITY objectives and concerns, and provide a clear basis for the design. 2.2 Filter Modification Technical Memorandum • Review filter operating data for up to five years, comparing filter run time, turbidity, media loss, backwash requirements or other available data as needed to document trends and assess performance. Review will be focused on long- term trends rather than continuous performance parameters. • Identify up to three alternatives to address apparent increase in filter head loss and reduction in filter run time. Prepare preliminary opinion of probable construction cost for each alternative and assess advantages and disadvantages of each alternative. Prepare a Technical Memorandum which summarizes observations and conclusions from the data review and presents and compares the alternatives for improving future operations. • Meet with the CITY to review Technical Memorandum. • Provide five hard copies and one (1) electronic Adobe PDF file of the Filter Modification Technical Memorandum. 2.3 Sixty Percent Design • Develop 60% design plans and an opinion of probable construction costs (OPCC) for the following Project areas: Filter Underdrain Modifications Provide modifications for reduced head loss due to media migration and biological growth within filter media and underdrain. Existing underdrain base laterals are assumed to be retained and used without removal or repair, but top media retainer layer is assumed to be replaced or eliminated. Contingency provisions will be considered for testing/observing existing underdrain and repairing or replacing if necessary. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 7 ATTACHMENTA DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 • Facilitate a 60% Design Workshop with CITY staff to review the 60% design and OPCC. 2.5 Final Design • Incorporate CITY comments received during the 60% Design Workshop and further develop the Contract Documents to a 90% design level. Develop a 90% OPCC. • Facilitate a 90% Design Workshop with CITY staff. • Incorporate CITY comments received during the 90% Design Workshop and submit Contract Documents (100%) to the CITY. • Submit sealed plans and specifications for review and approval by the Texas Commission on Environmental Quality (TCEQ) if required. ASSUMPTIONS • The design phase shall be complete within 6 months, not including TCEQ review time. • Task 2.3: Design drawings for all phases (60%, 90%, 100%) will be in 2-D. • Task 2.5: CITY front end documents shall be used. • Task 2.5: All contract plans will be half size, 11"x17". Full size drawings or mylar drawings will not be provided. DELIVERABLES • Kick-off Workshop: Workshop summary notes focused on decisions and action items. • Filter Modification Technical Memorandum: 6 (including 1 PDF) copies of memorandum. • 60% Design: 6 (including 1 PDF) sets of 11" X 17" design drawings and technical specifications for CITY review and comment. • 60% Design Workshop: Workshop summary notes focused on decisions and action items. • 90% Design: 6 (including 1 PDF) sets of Contract Documents for CITY review and comment. • 90% Workshop: Workshop summary notes focused on decisions and action items. • 100% Design: 5 (including 1 PDF) sets of Contract Documents. TASK 3. BID PHASE SERVICES ENGINEER will support the bid phase of the project as follows. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 7 ATTACHMENT A DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 3.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM360 for access to potential bidders. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM360. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidder questions and requests and the response thereto. The log shall be housed and maintained in the project's BIM360 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto BIM360 and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools shall be uploaded into the project's Bid Results folder on BIM360. • Incorporate all addenda into the contract documents and issue conformed sets. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • 10 sets of construction documents will be sold to and made available on BIM360 for plan holders and/or given to plan viewing rooms. • 10 sets of conformed contract documents (11"x17" plans and specifications) will be delivered to the CITY. • PDF files will be uploaded to BIM360. DELIVERABLES • Addenda • Bid tabulations • Recommendation of award • Conformed construction documents CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 7 ATTACHMENT A DESIGN SERVICES FOR NHWfP FILTER MODIFICATIONS CITY PROJECT NO.:103049 TASK 4. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 4.1 Assist CITY in conducting pre-construction conference(s) with the Contractor. 4.2 Establish and maintain a project documentation system. Monitor the processing of contractor's submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. A total of five (5) shop drawing reviews are included in the basic services. 4.3 Based on ENGINEER's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that ENGINEER recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 4.4 Make monthly site visits to attend contractor progress meetings and to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents (as distinguished from the continuous services of a Resident Project Representative). In this effort ENGINEER will endeavor to protect the CITY against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the CITY. A total of six (6) site visits are included in basic services. Visits to the site in excess of the specified number are an additional service. ENGINEER will prepare the monthly progress meeting agenda, facilitate the meeting, and prepare meeting summary notes. ENGINEER scope based on CITY providing daily inspection of construction progress. 4.5 Interpret the drawings and specifications for CITY and Contractor(s). Responses to five (5) requests for information (RFIs) from the Contractor are included in the basic services. 4.6 Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the CITY to determine the cost and time impacts of these changes. Evaluation of three (3) contract modification requests are included in the basic services. Prepare change order documentation for approved changes for execution by the CITY. Documentation of field orders, where cost to CITY is not impacted, will also be prepared. Prepare documentation for contract modifications required to implement modifications in the design of the project. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the CITY are an additional service. Substitutions of materials or equipment or design modifications requested by the CITY are an additional service. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 7 ATTACHMENT A DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 4.7 Conduct, in company with CITY's representative, one (1) preliminary walkthrough and one (1) final walkthrough of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two (2) trips is an additional service. 4.8 Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction. Incorporation of known changes not reflected in the contractor's redlines or field verification of changes not reflected in the Contractor's redlines is an additional service. ASSUMPTIONS • The total construction contract duration, including extensions (if any), is 7 months. • 6 monthly site visits will be conducted. • 5 shop drawing reviews (not including resubmittals) are assumed. • 5 testing certificates and other record data submissions are assumed. • 5 RFI's are assumed. • 3 contract modification requests/field orders are assumed. • 1 Preliminary Walkthrough will be conducted. • 1 Final Walkthrough will be conducted. DELIVERABLES • Response to Contractor's Request for Information • Review of Contactor Modification Requests • Review of shop drawings and test reports • Preliminary and Final Punch list items • 4 sets of 11"x17" Record Drawings and 1 compact disc with PDF format drawings ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 7 ATTACHMENTA DESIGN SERVICES FOR NHWTP FILTER MODIFICATIONS CITY PROJECT NO.:103049 CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Field layouts or the furnishing of construction line and grade. • Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. • Preparing Operation and Maintenance Manuals, updating the plant Operation and Maintenance Manual, or preparing Standard Operating Procedures. • Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties. • Assisting the CITY with, preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal or administrative proceedings in the defense or prosecution of proceedings in connection with this project. • Geotechnical investigations, studies, and reports. • Providing post-construction warranty phase services and warranty follow up reviews. • Furnishing the services of a Resident Representative to act as CITY's on-site representative during the Construction Phase. • Furnishing Special Inspectors required under Chapter 17 of the International Building Code. • Performing investigations, studies, and analyses of substitutions or equipment and/or materials or deviations from the drawing and specifications. • Performing investigations, studies, and analyses to correct defective work. • Services required to resolve bid protest or to rebid the projects for any reason. • Field verification of or required additional markups to the Contractor's redlines for development of Record Drawings. CITY of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 7 0 C p N �- Vl q O N N (O m A O�m m O N N aD OD (p �A lh O A'• N LCr ~ W M!`V ' M N_ '-N t'�l W m�M{O N ' M� M N_ ZN F w w w w w w w w m w w w w w w w m w w w w w w w w w w-V1 w---w w w w w w .G N O N O 'L (D d W --w w w w w M M M w w w w w w M w w w w M w w w w w w w w w w M w w w w w LL C L C� m� _ O m O N O c R 0 0 0 0 0 0 0 0 0 0 �X N O O N N O O N O A m t fV N v w O A Q o 0 o in in o 0 O N t2m L Ol N N F.L N U w � Q ID i0 N N W A O �O A N Q M Q A A Q Q i0 N N 11 W Q N Q lh N m 0 i0 i0 N�O W N A 0 0 N W O O N m m Q Q M I�N e9 W w w w w w w w w w w w... w w w w w w.w w w w----w w w--w-- 0 w V O 2 10 m W-.N w M A NQ O m Q N O m W O W 0 m m imD N N N E F U 0f A M YO' g A O m C4a ap w w m Q S U' tWo m L N L7JL J Q m W ea e _ N Q u: V U A m - Nfo Q o m u w N N U J N m m m N N M a N `.7 R N m y w w w p d li N N y ES.� A M NAM NNE- m a � 2m•o �' O m a H mR M F W �O C C > O 0 •R� 'C L 'O W y � O W O G U p 0_ v� m C F N W 0 p 0 > O{L t") O U W m 6 0' m Z v c t m O LL a N G p Q m •� e W C L O V O. Z e ' ¢ 9 y EE V m�Z � a r E a 2 n U a o N¢ O E T U2` m m c y C~C o 'er' W O = O w m—' w y W p m o g e o v o'-•- p z`e e g g 0 2 0 °' m m 'L) Uo ma L z _ U Z (� W 3 O p 3 M n•O a Q _r U C p Z Y 0 N E Y Y N ems° $'U 0 0 U a N W Y m e O-.� Y U L 7i O. 3 0 N Q Q C O A p N G L R 0 N LL d Q ZU r-4afU i--iZ lL tDpOKIITNOK'u.H Of d,11 site of[hu CIty Of fort Worth,Tcxa; CITY COUNCIL AGENDA FORTH DATE: 12/15/2020 REFERENCE **M&C 20- LOG NAME: 60NHWTP FILTER NO.: 0981 MODIFICATIONS CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9)Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc.in the Amount of$138,999.00 to Provide the Necessary Design, Bid and Construction Services for the North Holly Water Treatment Plant Filters Modifications Project,Adopt Resolution Expressing Official Intent to Reimburse Expenditures and Proceeds of Future Debt,and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of an engineering agreement with Freese and Nichols,Inc. in the amount of$138,999.00 to provide the necessary design, bid and construction services for the North Holly Water Treatment Plant Filters Modifications project; 2. Adopt the attached Resolution expressing official intent to reimburse expenditures with proceeds of future debt for the North Holly Water Treatment Plant Filters Modifications project; and 3. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the amount of$138,999.00 for the North Holly Water Treatment Plant Filters Modifications project(City Project No. 103049)and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the same amount. DISCUSSION: The North Holly Water Treatment Plant is a conventional sedimentation/filtration facility with a design treatment capacity of 80 million gallons per day(MGD).The granular filters were installed in 2001 as part of a plant expansion,and are a critical treatment component of the plant process.As part of this work,the Engineer will evaluate the performance of the filters,make recommendations on performance improvements,which will be incorporated into engineering plans and specifications in order to be constructed. Appropriations for project funded as depicted below: FUND Existing Additional Project Total Appropriations Appropriations W&S Commercial Paper-Fund 56019 $0.00 $138,999.00$138,999.00 Project Total $0.001 $138,999.00$138, 999.00 *Numbers rounded for presentation purposes. This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program(CP)will be used to provide interim financing for this project until debt is issued.To the extent resources other than the Water and Sewer portfolio are used to provide interim financing,the Water&Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately 2.3 percent annually).Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source,another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned.Once debt associated with this project is sold,bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached reimbursement resolution. The City Council approved the Water Department's Fiscal Year 2021-2025 Five-Year Capital Improvement Program on September 22,2020.This City Council approved plan includes this specific project,with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements,staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years.This debt must be issued within approximately three years to provide reimbursement for these expenses.If that does not occur,the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds,but preserves the ability to reimburse the City from tax-exempt bond proceeds. M/WBE OFFICE- A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the OBD,in accordance with the MWBE or BDE Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This project is located in CITY COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the W&S Commercial Paper Fund for the NHWTP Filter Modification project.Prior to any expenditure being incurred,the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Chris Harder(5020) Additional Information Contact: Samuel Loubriel(5935) ATTACHMENTS 60NHWTP FILTER MODIFICATIONS Ma12.pdf 60NHWTP Filter Modifications Reimbursement Resolution(WCF 00.08.20)docx 60NHWTP FILTER MODIFICATIONS 56019 A021(R3).docx