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HomeMy WebLinkAboutContract 57423 CSC No.57423 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: Water Mini-Master Plan Northside Update—Project No. 103520. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to. $245,700.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth,Texas [Water Mini-Master Plan Northside Update] standard Agreement for Engineering Related Design Services 110352a) Revised Date:November23,2021 OFFICIAL RECORD Page i of 116 CITY SECRETARY FT.WORTH,TX k Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and costlexecution effects are not the responsibility of the ENGINEER. City of Foot Worih,Texas [Water Mlnl•Master Plan Northslde Update) Standard Agreement for Engineering Related Design Services [703520] Revised Date:November 23,2021 Page 2 of 16 I I 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, j 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, 4 duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantify 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, systemsequipment Y ore ui ment 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. I City of fort Worth,Texas [Water Mint-Muster Plan Nodhslde Update] Standard Agreement tar Engineering Related Design Services 1103520) Revised Date:November 23,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. i (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas [Water Minl-Master Plan Northside Update) Standard Agreement for Engineering Related Design Services 1103520) Revised Date:November23,2021 Page 4 of t5 i I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business i enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and l WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order i 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. i (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER forthe cost of hard copies at the rate published in the Texas Administrative Code in City or Fart Worth,Texas (water Mini-Master Plan Northslde Update] Standard Agreement for Engineering Related Design Services [1035201 Revised Dale:November 23,2021 Page S of 15 I effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeaf 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. i 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. i (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT, City of Fart Worth,Texas (Water Mini-Master Plan Nodhslde Update) Siandard Agreement for Englneering Related Destgn Services �103520) Revised Dale:November 23,2021 Page 0 of 15 i i` P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services.The CITY will be responsible for all acts of the CITY's personnel. i C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the j ENGINEER or construction contractors. City of Fort Worth,Texas (Water Mini-Master flan Northside Update] Standard Agreement for Engineering Related Design Services (103520] Revised Dale:November 23,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and providing roviding for contractor indemnification of the CITY and the p ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries, (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of rod Worth,Texas [Waler Mint-Master Plan Northslde Update] Standard Agreement for Engineering Related Design Services [103620] Revised Date:November 23,2021 Page 0 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. if such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments the PROJECT is completed of service for this PROJECT, whether or not, Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Clty of Fort Worth,Texas [Water Min]-Master Plan Northside Update] Standard Agreement for Engineering Related Design Services (1035201 Revised Date:November 23,2021 Page 0 of 16 I4 D. Termination (1) This AGREEMENT may be terminated a,) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underwayat the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT s schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fah Worth,Texas Water Mint-Master Plan Notthside Update) Standard Agreement for Engineering Related Design Services �i03520) Revised Date:November 23,2021 Page 10 of i5 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. 1. 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 unenfy orceabilit 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. I J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation,whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort worth,Texas (Water Mlnl•Master Plan Northslde Update] (1035201 Standard Agreement for Engineering Related Design Services Revised Date:November 23,2021 Page 11 of 15 i I The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (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. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth,Texas [water Minl-Master Plan Northside Update] Standard Agreement for Engineering Related Design Services [103520] Revised pale:November 23,2021 Page 12 of 115 Texas Government Code-(as added by Acts 2021, 87th Leg., R.S,, S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of$100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth,Texas [Water Mlnl•Master Plan Northslde Update) 11435201 Standard Agreement for Engineering Related Design Seces rvi Revised pale:November 23,2021 Page 13 of 16 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F— Insurance Requirements City of Fort Worth,Texas (Water Mint-Master Plan Worthside Update] Standard Agreement for Engineering Related Design Services (103520) Revised Date:November 23,2021 Page 14 of 15 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Da a BurandoFF Dana Burghdoff pr18,202220:08 CDC Dana Burghdoff z.ZL� Assistant City Manager Mazen Kawasmi, P.E. Date: Apr 18,2022 Principal oaq�FORt Date: Aril 5,2022 ATTEST: oF*070o4� �°°°°° d 7G11111ette Goocl�tCG a/:° ����d Jannette S.Goodall(Apr19,202208:10 CDT) PaoO�• OO Jannette S. City Secretary Goodall ���a00o � Oo—oo 4Y �z�ex0 APPROVAL. RECOMMENDED: CGr�ilto.�he�h`a�cle� �h nstopherH rder(Apr 15,2022 07:44 CDT) By. Chris Harder, P. E. Director, Water Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-837868 WA By:oe�a�k��-o2'--o„ M&C No.: 22-0239 Douglas W. Black Sr. Assistant City Attorney M&C Date: 03/29/2022 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. ' -� Matt Kusnir Senior Professional Engineer OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX City of Fort Wor0i,Texas [Water Mlnl•Master Plan Northslde Update] Standard Agreement for Engineering Related Design Seivices (1035201 Revised Date:November 23,2021 Page 16 of 16 j k FORT WORTH. ATTACHMENT A Scone of Services Northside Pressure Planes Water System Master Plan Update This project is an update to the City of Fort Worth's Water Master Plan and Capital Improvements Plan (CIP)for the Northside Pressure Planes. In response to accelerated growth from retail and wholesale customers, the City would like to re-evaluate its water distribution system needs. Freese and Nichols, Inc. (FNI)will utilize updated projections and an updated water model provided by Fort Worth staff to conduct hydraulic analyses and develop a new CIP to address the projected growth. The CiP will be defined by hydraulic triggers signaling the need for a certain project. FNI will develop and collaborate with Fort Worth staff on the comprehensive CIP for the Northside Pressure Planes. Task A. Project Management Services A.1 Administration: Perform general administration duties with the project,including progress meeting scheduling,general correspondence,office administration,and monthly Invoicing. A.2 Project Kick-off Meeting: FNI will meet with the City to review scope,project team and , schedule of the project,and present a data request memorandum. A.3 Document Control: FNI has established Document Control procedures to enable proper recordkeeping and retrieval.The Document Control procedures use a standardized electronic and paper file index,set up at the outset of the project. Protocols are observed for electronic and paper records,confidentiality and security,and proper distribution and retention. AA Monthly Progress Reports and Sync Meetings:A Monthly Status Report will be submitted, summarizing progress against specific tasks and scheduled tasks to be accomplished in the upcoming month;outlining upcoming key decisions which will require Input from, or discussion with,City staff;and listing any problems or unresolved Issues.A monthly sync meeting will be held to discuss data requests,project progress,schedule,and outstanding items. A.5 Data Collection: FNi will compile information from the City including GIS files,as-built,work order data and preliminary design drawings for projects currently under design. Tasl<B,Population and Water Demand Projections B.1 Review and Update the Existing and 20-Year Water Service Area:FNI will review and update the water service area for the existing and 20-year planning period that was developed as part of the 2021 Water Impact Fee Update study,particularly In the Northside Pressure Planes. City of Fort worth,Texas Page 1 of 5 Atlachment A Page 1 of 6 FORT WORM 8.2 Develop Population and Commercial/industrial Growth Proiections: FNI will utilize information from the 2021 Water and Wastewater Impact Fee Study,and data from City staff to develop updated population and commercial/industrial growth projections for interim and buildout planning periods within the 20-year service area boundary by pressure plane. B.3 Review and Evaluate Historical Water Usage Data: FNI will review and evaluate historical water usage overall and by single family residential,multifamily residential,commercial/ industrial,wholesale and selected large users for the last 10 years, FNI will utilize information from the City's Water Conservation Plan to ensure consistent planning during the development of water demand projections. B,4 Develop Water Demand Proiections for Retail Wholesale and proposed MUDs:Utilizing historical residential per capita and non-residential per employee water usage and updated land use assumptions,FNI will develop projected average day,maximum day,and peak hour demands for interim and buildout of the 20-year service area boundary planning periods for retail,wholesale customers and proposed MUDS,The City will provide information on i proposed MUDS. FNI will also evaluate coincidental vs, noncoincidental water demands by pressure plane. FNI will include the following known entities for wholesale and proposed MUD demand projections:a. New Fairview a. Rhome(Including PMB 3400 acres) b, Newark c. Northlake d. Facebook e.Carolina Beverages i B.5 Allocate Future Water Demands in the North Pressure Planes: Distribute projected residential water demands for 5-year,10-year, and buildout conditions for average day and maximum day using TSz population projections, FNI developed per capita usage and peaking factors.Distribute projected non-residential water demands using land uses,acreage and peaking factors. Large water users and wholesale customers will be distributed as point loads. 13.6 Meet with City staff on Population and Demand Pro ections:FNI will prepare for and meet with City staff to discuss population and demand projections, FNI will provide meeting minutes and address comments from the City. City of Fort WOO,Texas Page 2 of 5 AtlachmantA Page 2 of 6 FORT WORTH., Task C. Updated Water Model Validation C.1 Review Updated Model: FNI will review the updated hydraulic model provided by City staff. FNI will track changes made to the model. C.2 Review Diurnal Curves and Operational Controls:City staff will develop diurnal curves and operational controls as part of the updated hydraulic model for calibration of the Northside Pressure Planes. FNi will review the diurnal curves and operational controls. C.3 Conduct EPS Model Validation: FNI will conduct a 24-hour extended period simulation model validation for the Northside Pressure Planes.FNI will provide City staff with initial validation findings and recommendations. FNI will collaborate with City staff on methodology for adjustments made to the hydraulic model such as adjusting model controls,pump curves,c-factors,diurnal curves, and demand distribution until modeling results match the City provided SCADA measurements and pump/tank operation. FNI will provide comparison graphs and mapping to document model validation results.No field pressure testing Is scheduled to occur at this time. CA Meet with City to Present Model Validation Results: FNi will meet with City staff to present the water model validation results for the Northside Pressure Planes. FNI will provide meeting minutes and address comments from the City. Task D. Existing and Future System Modeling and Performance Analysis D.1 identify Capacity and Operational Criteria for System improvements:FNI will develop target design criteria with the City including maximum velocities and headloss gradients,minimum and maximum pressures,tank drain/fill rates,and storage volumes based on desired level of service. D.2 Perform Maximum Day EPS Modeling of Existing Northside Water System: FNI will utilize SCADA data from typical maximum day demand system operation to develop an existing system maximum day EPS simulation for the Northside Pressure Planes. FNI will conduct EPS modeling of the existing Northside water system for maximum day operating conditions to determine capacity and deficiencies within the existing water system. D.3 Develop Wholesale Customer Supply Point Alternatives: FNI will develop up to three(3) alternatives for wholesale customers supply points and take rates for the Northside Pressure Planes. DA Evaluate Treatment Capacity Needs: FNI will evaluate existing water treatment capacities to meet short term and longer term demand needs. FNI will develop demand-based triggers to Identify when a plant expansion may be needed. FNI will also develop an estimated timellne for design and construction of the plant expansion to provide to City staff for CIP planning purposes. City of Fort Worth,Texas Page 3 of 5 Attachment A Page 3 of 5 i FORT WORTH. D.S Evaluate Pressure Plane Transfers in the Northside Water System: FNI will review historical I data of transfers from the Northside II(NS2)to Eastside II (ES2) pressure plane. FNI will perform a high-level desktop analysis utilizing Microsoft Excel to determine potential future pressure plane transfers in the Northside water system. FNI will evaluate potentially decreasing the NS2 to ES2 transfer and Its impacts on the ES2 system and wholesale customers. FNI will summarize the results of the pressure plane transfers in the northside water system into a Technical Memorandum. FNI will submit three(3) hard copies of the Technical Memorandum and an electronic copy in PDF format. i D.6 Utilize 20-Year EPS Model Scenario to Determine Sizing of Water System Improvements: FNI will determine sizing of water system transmission,elevated and ground storage,and pumping facilities needed to serve 20-year demands throughout the Northside Pressure Planes service area using the EPS model analyses under maximum day demand conditions. The minimum line size for recommended piping improvements will be 16-inches. FNI will summarize the results of the wholesale demand projections for the northwest area of the northside water system and the required infrastructure to serve the 20-year projections into a Technical Memorandum. FNI will submit three(3) hard copies of the Technical Memorandum and an electronic copy in PDF format. D.7 Develop Water System Improvement Protect Documentation and Triggers: FNI will develop detailed project documentation and implementation triggers for each of the Identified water system improvements.System improvements will include transmission,storage, pumping and distribution system related needs for the Northside Pressure Planes. FNI will evaluate existing remaining capacity of key Infrastructure and provided documentation on how projects may be tied to other identified improvements. D.8 Meet with City Staff Review Proposed System Improvement Alternatives: FNI will prepare for and meet with City staff to review the proposed system alternative improvements. FNI will provide meeting minutes and address comments from the City. Task E.Capital Improvement Plan and Northside Water Study Update Report EA Develop Draft Capital Improvement Plan(CIP)Costs, and Mapping: FNI will develop costs for each proposed project in current year dollars including engineering and contingencies.CIP Scheduling will be based on hydraulic triggers rather than time-based phases. Maps will be produced showing proposed projects based on drivers rather than planning periods. E.2 Develop Hydraulic Profile:FNI will develop a hydraulic profile of the Northside water system.The profile will include existing and future infrastructure including service elevations of each pressure plane. City of Fart"brih.Taxes Page 4 of 6 Machment A Page 4 of 6 FORT WORTH. E.3 Prepare Draft Northside Water Master Plan Update Report:FNI will prepare the draft Northside Water Master Plan Update Report summarizing projections,performance analysis,and Capital Improvement Plan along with descriptions for recommended projects. FNI will prepare a summary document with City pertinent Information readily available In an abridged format. FNI will provide detailed analysis and supporting documentation in an electronic PDF Appendix format. FNI will provide 5 printed hard-copies copies of the abridged report for City staff review. E.4 Meet with City to Review the Draft Northside Water Master Plan Update Report: FNI will meet with City staff to discuss the draft report. FNI.will develop a comments tracking spreadsheet to note each comment from City staff and how the comments were addressed by FNI. E.5 Revise Northside Water Master Plan Update Report to Incorporate City's Comments:FNI will revise the report based on City's comments and submit 10 final hard copies of the abridged report and an electronic copy in PDF format of the Northside Water Master Plan Update Report to the City. . E.6 Deliver Updated Model and Electronic Files to the City: FNI will deliver the updated water model and electronic GI5 shapefiles to the City. i City of Fort worth,Texas Page 5 of 6 Attachment A Page 5 of 5 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Water Dept. Fees % Prime Consultant Freese & Nichols, Inc. $ 245,700.00 Proposed MBE/SBE Sub-Consultants $ $ - TOTAL $0.0 D Non-MBEISBE Consultants $ TOTAL $0.00 GRAND TOTAL $ 245,700.00 Project Number& Name Total Fee MBEISBE Fee MBE/SBE% WATER AND SANITARY SEWER REPLACEMENT CONTRACT WSM-B (LEAD $ 245,700.00 $ - SERVICES REPLACEMENT 132) -CPN No. 102169 City MBEISBE Goal = N/A Consultant Comitted Goal = N/A EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for Water Mini-Master Plan Northside Update City Project No. 103520 Lump Sum Project !. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $246,700.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV--Summary of Total Project Pees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. I� II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit 13-1, Progress Reports as required in item 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the ! Water Department monthly progress reports and schedules in the format required by the City. h ! l :E :E * �Ek@ E«m-0mo n q _u \ \ / {\\§ \ ) ] k (Dto I R 7\{a {\ 2 § E ° § (\4 § .. g .. .. @ f § $ / / ° £ @ \ > / \ / R § 2 � � m o $ j \ / \ \ 0. k 0 CD \ . /}§ E > o> } \ � \ 03 n a n , \ >� \ \ 0 CD /\ }\ \\ \ / > > 0 220 ( § § k § 3 a> - rD §® § } �> - / � \ � § q - u ) ` EID { ( \ ° n c � @ } f § � ( \ § E (/ | / 2 � CL � ( ® J \ \ 2 � k m § \\ § f2 0. CD % \ / j \ M / T OFOWTOW o ,p,»gam f 7&}}]�/ ]( J \RR@2 �; / 7B eU / , % u�= C .. .. � £§ $ ] ( 2e° E 2 / _ � `\ \ H 0 # \ e S Z f 2 » / \ M- o >� k . EL \ ®® � 0 O i 70m ; � { ( ao Is � ( ° i ! I �� k / § CL \( 2 ! } » 90o40 k / \ n o _ ) � ) ` - _ 2 0 / � � | � mI CL 2» / ( g � } � ) ( } � mmmmmm°o°o❑uounnO nwmwmw wD>>•>D -1 NN• �,0,[t}uN+h uN+AN}4N r n' acerkkkk�k�NFYYn��SYY��iLLlfi'L k L 0 3 c z C4 'onoR ;' "s 3 s 5 6 3n 3 4 a 4 R 31 N FAG 01 u'OI p p fe 6 h m fa¢h P P h h N}Ij h h} Nu wgtrhpNNAo, u}}P y N A-A h V a V Nh oOi Oa�'HN p01} N aNaP�'il.)N NNaw}}}NN 1 {{ l3 0} p p h h }h >}h N N H h_ I k p N N •p N 3 F N p ,�NnNyuy,ob�'Y�NN V r�YP�u� n�C M�1J yt iS �N11 N N F N N N F F F N N F F N N H F F F F N N N �i ,G4up�ANu nO'a,+ wtluu4}NHN,nNuu � � ' C����yJ 1"O� qu♦Iy.ap��q+����eg..ku&P � v� — O NN11�b N�pbN 1 V, ATTACHMENT rrC" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Water Mini-Master Plan Northside Update City Project No. 103620 I None I i City of Fed Worth.Texas Attachment C PMO Release Datw 05,19.2010 Page 1 of i mmmrnmm vvvvv0vv none W W mCPOmm U�D�,?> a N A W N i F W N W 4 4 4+i. A W N 1 O m o m m m D O m P e nv 3 o v D ° Er3 vEf °o Ev° »na° '' E nEE E nvEv° o,e n .. co�oxo N smoe' ScQva d z a.�or7,� nu w n 3u u h.flc w '3 0 O ' nmc c . °w ° 6° C) vec3 �3 � nag • °n r��.�rr n ng5 N'� o3o� uc�a uuN � ° � � �no y W O a o q �'� °n o v 3RoGD o Av n i° 'n '" um• = H o y 3�L7y o 3 o '° n ° a n vo g v o'an v y n� . ' i a 3 a , 0 n � q [lo N � 3 c 0 x z o 0 a ■■ s D. Q N �• ro v 3 2 ■■ N a ■ c ((9 ro O ro w L7 ■ O N ■■ (D 0 ti r. N ■ n S (U ■ C_ N S C a Q N ■� g 8 ■ w l O =2� . aAil,■ om m ATTACHMENT E N Legend -ram � Council Districts DISTRICT �� `�� �. ` ��sOp 0 2 _ r/ 4 0 7 L Fort Worth City Limits „ _ r JJT maw Ez 7 i_i L � __ 1.f � L._ ON CD2 NO �...,y CD4 ..� L'—'—r' L.J� r_ r FORTWORT � ---- -�' : CD9 CD3 i CITY OF FORT WORTH L w ;. � _'•,,Ir ;,; : ".r� NORTHSIDE PRESSURE PLANE SYSTEM 1. 12 *.� � 4. ; i I1• i l � a[nFa urn,:n�w•l7 -i wry; 1e •i f' ` 4'�e - ��l5• t��tim 1[r i� _114 r ,( - �4.• .- 'I . -21L-- 24 Norlllfake{N27 ' 4 / Rnafroko Sand.R GST ndPSl+ to h 't. r Roaltoho(N2J )-- .�,,,Ff� AUF 3 f — wiillowSprings EST —__ _-j �' ao" 30 f Westlake 2M) r[Etna- ,f;l xaslor2 N2J p ' i �� i Caylor Rd GSTs Pecan Acres CrnrobE=ST - ;f��fdl I 377 f l IHa&lol, j SourmakeCayfor(N2J 1 / J � E U'l Ilk)nn 1' Hasler 4(N3) i � 1 _t2',. „i x �� lCeHcr - :; 4en Bradley EST r GST and PS Lago Vista PS ts" ss" 1Gf5F C Kober 1 d 2 �i Nasle+3(M) 7 , lsouthlako1IF2) U.ox 87 � ! it 36 49 0 u Lake Country EST Saginalv4(N3) 1 - l Saghta+v2(N2) ?' �.� �.wafaugo r 12" _ a I ;� 48,. rs sn�rr�ti�v ��11 +. [a I +III 8� J��IIr F Elil F`,,•fl I Saglaaw i(N2J f ' 377 I+ Eagle Mountaln WTP and rr ;.cfz[•. 1 it.,.,fr. fff_'%. _ \ it f \ - �- � •r - I' ' i ! I-., Jr. 1 Cantrell-Sansom PS rf2 't j `� ✓� 'L,E f. - U It 1Ef•:,$(S,5''!In f` i• l 7I p I Laka Worth 2(NZ) FT J 12 re e[s•a:n 199 Jenkins Holghts PS Sartsoal ark LakolModh4(N31 'l NortttwBst EST —+} t V^i/lf A'!f jiffl ii!'li Lake worth 3(N2) North Sldej ,2 GST and PS Old North Side 01 PS kj- � Rlvar Oaks(N2) — � 5 r /1�;�e°r, 4�.[1•� F � ��1_..Y- ' 0 % -7;300J S IC� I 'IB) a r` SCAL'. IN FEET ATTACHMENT 7" CERTIFICATE OF INSURANCE Water Mini-Master Plan Northside Update City Project No. 103520 City of tort Worth,Texas Attachment F I CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS i (1) INSURANCE LIMITS I a. Commercial General Liability—Insured shall maintain commercial general liability(CGL) and, If necessary, commercial umbrella Insurance as follows: $1,000,000 each occurrence i $2,000,000 aggregate If such Commercial General Liability Insurance contains a general aggregate limit, It shall apply separately to this Project or location. 1. 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 City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: f premises/operations, products/completed operations, contractual, personal Injury, or advertising Injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. il. Insured waives all rights against 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 Agreement. b. Business Auto--Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident(or reasonably equivalent limits of coverage if written on a split limits basis), Such Insurance shall cover liability arising out of"any auto",including owned,hired, and non-owned autos, when said 'veliicle is used In the course of Insured's business and/or the Project.If Insured owns no vehicles,coverage for hired or non- owned autos Is acceptable. Insured waives all rights against 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 Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev.5.04,21 i f c. Workers' Compensation -- Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $600,000 disease_policy limit $100,000 disease -each employee Insured waives all rights against 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 Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000- Each Claim Limit $2,000,000- Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O, Either Is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided, The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of Insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that insured has obtained all required Insurance shall be attached to Agreement concurrent with its exe cution. Any failure to attach the required Insurance documentation hereto shall not constitute a waiver of the Insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include Its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that Insurance coverage limits specified in this Agreement are provided under-applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said Insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 6.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, In lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or soli-Insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage Is not provided on a first-dollar basis. City, at its 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 City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. 1. City shall be entitled, upon its request and without incurring expense, to review Insured's Insurance policies including endorsements thereto and, at City's discretion, Insured 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 this 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 i from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any Insurance premiums required by Agreement. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent Insurance coverage as required for Insured. CFW Standard Insurance Requirements Page 3 of 3 Rev. 6.04.21 City of Fort Worth, Texan Mayor and Council Communication DATE: Tuesday, March 29, 2022 REFERENCE NO.: *kM&C 22-0239 LOG NAME: 60WMPCIPNSPP-FNI SUBJECT: (CD 2, CD 4, CD 7)Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of$245,700.00,for the Water Mini-Master Plan Northside Update and Adopt Attached Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1.Authorize the execution of an agreement with Freese and Nichols, Inc., in the amount of $245,700.00 to update the City of Fort Worth's Water Master Plan and Capital Improvement Plan for the Northside Pressure Planes; and 2.Adopt the attached appropriation ordinance Increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund In the amount of$245,700.00, transferred from available funds in the Water and Sewer Fund, for the purpose of funding Water Mini-Master Plan Norihside Update (City Project No. 103520)to effect a portion of Water's contribution to Fiscal Years 2022- 2026 Capital Improvement Program. DISCUSSION: On February 5, 2013, Mayor and Council Communication (M&C C-26089) the City Council authorized the execution of an Engineering Agreement with Freese and Nichols, Inc., to update the Water System Master Plan by evaluating the capability of the northside water system to meet water demands through 2033.This evaluation included an updated Water System Capital Improvements Plan with cost estimates and Implementation schedule, and identified additional water treatment capacitylplant requirements, transmission mains and pump stations. Since the previous Water System Master Plan Update, the City and its wholesale customers within Fort Worth's water service area in North Tarrant County and South Denton County have experienced significant growth and will require additional water infrastructure in the near future. Reassessment of the existing available treatment capacity to serve these areas of the Fort Worth water distribution system and other future CIP considerations are required. In addition, the existing distribution system lacks the transmission, pumping,and storage capacities to meet long-term demands in the growing Norihside II, ill and IV pressure planes. Freese and Nichols, Inc.,will identify future population and water demands for each of the Northside pressure planes,conduct water system modeling and capacity assessment for various scenarios, evaluate needed infrastructure improvements and recommend an updated water CIP, which will include triggers for implementation of projects and budgetary planning level costs, It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance,as projects commence, additional funding needs are Identified, and to comply with bond covenants.The actions in the M&C will appropriate funds In support of Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows; Capital Project FY2022 CIP Budget Change Revised Fund Name Appropriations Authority (Increase/Decrease) 1=Y2022 Name Budget 56002 - W 3520 - TR W&S Mini- Capital Master $ - This M&C $245,700.00 $245,700.00 Projects Pdate n NS Fund Funding is currently available In the Unspecified-All Funds project within the W&5 Capital Projects Fund for the purpose of funding Water Mini-Master Plan Northside Update project. Appropriations for Water Master Plan and Capital Improvement Plan for the Northside Pressure Planes are as depicted below: Fund Existing Additional Project Appropriatlons Appropriations LTotal* W&S Capital Projects - Fund $0.00 $245,700.00 $245,700.00 56002 Project Total =F77 $0.00 $245,700.00 $245,700.00 *Numbers rounded for presentation purposes. Business Equity- A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. The project is located in COUNCIL DISTRICTS 2,4, and 7. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified-All Funds within the W&S Capital Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the W&S Capital Projects Fund for the WTR Mini-Master Plan NS Update project. Prior to any expenditure being incurred, the Water has the responsibility of verifying the availability of funds. FUND IDENTIFIERS-( ),; TO Fund Department ccount Project Programl ctivity Budget I Reference # mount 1D 1D Year (Chartfield 2) FROM Fund Department ccount Project Program ctivity Budget Reference# mount ID ID Year (Chartfield 2) CERTIFICATIONS: i Submitted for City Manager's Office by_ Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Matt Kusnir (8219) ATTACHMENTS 1.60 WMPCiPNSPP-FNI.docx (CFW internal) 2.60WMPCIPNSPP-FNI 1295 Updated.pdf (CFW Internal) 3.60WMPCLPNSPP-FNI MAP.pctf (Public) 4. 60WMPCIPNSPP-FNI MBE Waiver.pdf (CFW Internal) 5.60WMPCIPNSPP-FNI PBS CPN 103520.pdf (CFW Internal) 6.60WMPCIPNSPP-FNI SAM.pdf (CM Internal) 7.60WMPCIPNSPP-FNI 56002.docx (Public) 8.60WMPCIPNSPP-FNI_FID Table.xlsx (CM Internal) o M HE � �oo�oo c a a CL n a a n n n . n » c c 3 .D -n O v m a m � c' m Z �. C m (D C 0 m c CLrn aj C:L t; 0, K k m m m H N Z n o 0 � C � C' 00 Gl pOq cu 3 0 3 rr G) r m 3 a O IDS o 0 3 3 ri Z ff 3 ro ro a ro 0. L 0 0O O O N f(U X m X � ID