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HomeMy WebLinkAboutContract 57666 CSC No. 57666 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("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 ("Consultant"), for a project generally described as: Sanitary Sewer Main M-341 Crossing- Emergency ("Project"). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $249,499.00 ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Date:Novemher23,2021 OFFICIAL RECORD Page 1 of 9 CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO/NDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAYRELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Dale:November 23,2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article it of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article Xll 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 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), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to rneet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article Xlii Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect 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. Consultant 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 or its subcontractor(s). City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 4 of 9 i Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Ernpioyment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of-the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency) Standard Agreement for Professional Services Revision Date:November 23,2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. ,Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Chris Harder, P.E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Nick Lester, P.E. 801 Cherry Street Ste. 2800 Fort Worth, TX 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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 or $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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. Article XXII Pleadings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth,Texas [SS Main M-341 Aerial Crossing-Emergency] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts 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 Agreement: Attachment A - Scope of Services Attachment B— Compensation Attachment C; - Changes to Agreement Attachment D -- Location Map Attachment E - Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. City of Fort Worth,Texas [SS Main M-341 Aerial crossing-Emergency] Standard Agreement for Professional Services Revision Date:November 23,2021 Page 8 of 9 BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. z7a,v"g, 3�GG Dana Burghdoff(Jun 9,202 8:54CDT) Dana Burghdoff �Cc� Assistant City Manager Nick Lester, P.E. Vice President Date: Jun 9,2022 Date: (v/112o2L ATTEST: �auzette-s ��r7�CG Jannette S.Goodall(Jun 10,2022 05:30 HST) Jannette Goodall City Secretary p�Oo0�� APPROVAL RECOMMENDED: pc�o '0 By: Christopher Hard (Jun3,202208:01CDT) nEXASaad Chris Harder, P. E. Director, Water Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. N/A i By:Mack(Jun9,202212a1CDT) M&C No.: N/A(Attached 05/04/22 Emergency Memo) -- Douglas W Black Sr. Assistant City Attorney M&C Date: N/A(Attached 05/04/22 Emergency Memo) 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 r p rting requirements. /0 A(.1 Tony Tholola, P.E. Assistant Director City of Fort Worth,Texas [SS Main M-341 Aeri Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:November 23,2021 Page 9 of 9 CITY SECRETARY FT. WORTH, TX ATTACHM ENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING I EMERGENCY ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING I EMERGENCY 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. Quality Management Task 3. Preliminary (90%) and Final (100%) Design Task 4. Hydrologic and Hydraulic (H&H) Modeling Task 5. Geomorphic Assessment Task 6. Environmental Investigation Task 7. Construction Phase Services Because of the urgency of this project, the design will be prepared and issued for construction using the Design-Build method. Although there is not a contractual relationship between Freese and Nichols, Inc (FNI), and the City's on-site contractor, Circle C Construction (Circle C), FNI will collaborate with Circle C during all phases of design and during construction. Accordingly, this project will not include the preparation of front-end documents. Technical specifications utilizing City standards and appropriate FNI technical specifications, if not found in City standards, will be compiled and provided to Circle C. This project will not be advertised or bid and there will not be a letter of recommendation for award of the construction project prepared, or any similar document typically required for a Design-Bid-Build design project. TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY 1.1. Internal Kickoff Meeting ■ Engineer will meet internally with all appropriate disciplines to discuss the scope, schedule and responsibilities to provide the construction documents. 1.2. External Kickoff Meeting ■ Engineer will meet with City and Contractor to confirm and clarify the project scope, understand City objectives, and ensure economical and functional designs that meet City requirements. 1.3. Periodic Internal Meetings • Engineer will meet internally periodically (up to 4 times) to coordinate various discipline efforts and to ensure that the project remains on schedule. 1.4. Periodic Client Meetings • Engineer will meet with the City and Contractor periodically (up to 4 times) to discuss design concepts and to gather input from all parties for a constructable solution. 1.5. Maintain and Monitor Scope/Schedule/ Budget Engineer shall maintain and monitor the project scope, schedule and budget by providing the following services: • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.6. One Page Reports/ Periodic Client Communications • Prepare and submit monthly progress reports detailing the previous months progress, upcoming schedule, and outstanding issues. 1.7. Corporate Support (Scheduler) • Provide scheduling assistance to confirm project is on schedule and to develop alternatives and/or add resources to bring project back on schedule if schedule falls behind baseline schedule. 1.8. Corporate Support (Accounting) • Prepare invoices and submit monthly in the format requested by the City. 1.9. Preliminary Scope Development and Coordination • Meet with City and Contractor on-site to assess emergency condition and to provide preliminary action items to accelerate design and construction. • Meet with various entities, including but not limited to the Trinity River Authority, the City of Arlington, the property owner (The Nehemiah Company) City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY to evaluate access to site, protection of existing utilities, and to evaluate data available and requirements for stream modeling, environmental constraints, archeological survey requirements, and other coordination required to develop contract documents. 1.10 Project Closeout • Provide City-required documentation to formally closeout the project. TASK 2. QUALITY MANAGEMENT. ENGINEER shall ensure the project has sufficient oversight to provide a technically accurate set of contract documents and to ensure that risks to the City are minimized. 2.1. Develop Quality Control Plan • Develop an overall plan for scheduling quality assurance and quality control reviews, ensuring that all disciplines have an assigned reviewer not involved directly in the project, and to ensure that reviews are performed at specific milestones. 2.2. Senior Advisor • Assign a senior advisor that oversees the project as a whole and ensures that project objectives are complied with. 2.3. Quality Control Reviews • Provide quality control reviews at the 90% and 100% submittals for each discipline. Purpose of review is to verify proper technical processes are used and to verify that calculations are accurate. 2.4. Quality Assurance Reviews • Provide quality assurance reviews at beginning of project, mid-point of project, and at end of project. Purpose of review is to verify that contractual requirements are met and that the objectives of the City are complied with. 2.5. Constructibility Reviews • Provide constructibility review at 90% and 100% to verify project elements such as access, sequencing of construction and storage of materials is reasonable. TASK 3. PRELIMINARY (90%) AND FINAL (100%) DESIGN. ENGINEER shall prepare construction plans for the replacement of the aerial crossing. To expedite construction, 30% and 60% construction plans will not be prepared. The City and Contractor will coordinate with FNI to aid in acceleration of the design and to procure materials readily available in the marketplace. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY 3.1. Plan Preparation Construction plans will be prepared for 90% and 100% design submittals and will include the following sheets: • Cover • Index, Legend and Abbreviations • General Notes (2) • Site Plan and Control Points • Wastewater Plan/Profile • Trench Backfill Details • Manhole Details • Miscellaneous Wastewater Details • Bank Protection (3) • Bank Protection Details (3) • Structural Notes • Pier/Cap Details (3) • Erosion Control • Geotechnical Boring Logs (2) 3.2. Technical Specifications • Compile City standard specifications and prepare special technical specifications not covered in City standards. Front-end documents will not be prepared. 3.3. Prepare OPCC (90% and 100%) • Prepare an opinion of probable construction cost, utilizing unit prices provided by the Contractor, for both the 90% and 100% submittals. 3.4. 90% Design Workshop • Meet with City and Contractor to review comments with the 90% design submittal. 3.5. Address Comments • FNI will revise the 90% construction plans incorporating the comments received at the 90% design workshop. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY 3.6. 100% Design Workshop • Meet with City and Contractor to review comments with the 100% design submittal. 3.7. Address Comments • FNI will revise the 100% construction plans incorporating the comments received at the 100% design workshop. • Sign and seal final construction plans for construction. TASK 4. HYDROLOGIC AND HYDRAULIC (H&H) MODELING. FNI will complete site-specific hydraulic modeling for the proposed utility crossing. FNI will work with the City of Arlington Floodplain Modeling Group to demonstrate no negative effects of the proposed crossing within the floodplain. The project site is located within the 100-year floodway of the West Fork Trinity River(WFTR). The analysis is intended to model the change in geometry of Boyd Branch without the backwater effects of the WFTR. Flows contained within the main channel and the 100-year storm event of Boyd Branch will be analyzed. Comparison will be based on the pre- and post-project geometries. 4.1. Boyd Branch Modeling Assumptions • Hydrologic flows within the FIS dated March 21, 2019, for Boyd Branch at the confluence with the WFTR will be used in the analysis. • 1 D HEC-RAS steady model for Boyd Branch will be created from the confluence of the WFTR to Cypress Thorn Dr, approximately 1.2 miles of stream. • The downstream boundary condition will be set to normal depth for this analysis omitting backwater and floodplain effects from the WFTR. This omission is required to determine the effects of the crossing on Boyd Branch without external factors. • City of Arlington to provide as-built data for pedestrian bridge downstream of the project site. If unavailable, field measurements of the bridge will be acceptable. • Topographic survey for the project site will be performed with the most recent LiDAR used to supplement remainder of the study area. • Manning's N values will be based on observed conditions and will be in line with City of Arlington DCM standards. • Analysis will be limited to flows within the main channel banks. Approximate conveyance capacity of the main channel will be determined and compared City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING I EMERGENCY to the FIS hydrology (dated March 21, 2019) to determine approximate storm return interval. • 100-year WSEL elevation within Boyd Branch will be determined by artificially placing a levee along the right bank between Boyd Branch and the WFTR. These results will be compared to the FEMA effective 100-year WSEL for the WFTR. It is assumed the 100-year WSEL within Boyd Branch will be below the 100-year WSEL in the WFTR. 4.2. CDC Coordination • FNI will evaluate the CDC permitting for the site. • FNI assumes a CDC small scale project exemption will be provided for the project. 4.3. Prepare Report • Results within the study reach will be documented within a Draft and Final Drainage Analysis Report. • Submit a Floodplain Development Permit application as part of the final submittal. ASSUMPTIONS • The modeling approach presented above is site driven to determine the change in channel geometry in Boyd Branch only. This model is not adequate or acceptable to determine floodplain or floodway mapping within the project area. Therefore, this model should be used for this project solely and not as future reference for development within the surrounding area. • One (1) round of review by the City of Arlington floodplain staff is anticipated. Draft Drainage Analysis will be provided during Preliminary Design (90%) Submittal and signed and sealed Final Drainage Analysis will be provided during the Final Phase (100%) Submittal. • Meetings anticipated with City floodplain staff will be virtual. • No CLOMR or LOMR development or submissions are included in this proposal. • F000dway modeling not included in this scope. DELIVERABLES • Submit Drainage Analysis Report and floodplain permit documenting a no- rise condition digitally. HEC-RAS models to be provided with each submittal. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING I EMERGENCY TASK 5. GEOMORPHIC ASSESSMENT. ENGINEER shall prepare a geomorphic assessment of Boyd Branch based on the existing conditions of the streambank. 5.1. Site Visit This task includes a high-level geomorphic assessment which will provide the information necessary for stabilization of the proposed crossing. The geomorphic assessment will include the following: • Geomorphic cross sections (up to three) as deemed necessary to understand the site in greater detail. Cross sections shall be surveyed at a sufficient width to allow for calculations of entrenchment ratio. • A longitudinal profile — measurements of the reach longitudinal profile along the thalweg will be collected. The longitudinal profile survey will include at a minimum the following points: I. Reach thalweg II. Bankfull discharge indicators (bankfull width and depth, if present; Indicators in impaired channel reaches may be absent) III. Knickpoints/headcuts, areas of bank mass wasting, and instabilities • Photo documentation — FNI will provide a continuous visual documentation of the project reach. Photos will be taken as needed and at the beginning and ending of the reach. 5.2. Data Collection FNI will perform a desktop analysis utilizing data collected in Task 5.1. This data analysis contains the following: • Documentation of existing geomorphic characteristics of Boyd Branch within the study area. • Analysis of potential future geomorphic changes within the study area. This will be supported by the availability of data from the desktop analysis and data collected during the field investigation. Future conditions may be analyzed using the following methodologies: I. Delineation of an erosion hazard zone (area where potential erosion could occur) using a combination of LiDAR and field data. 5.3. Design Support • Provide design support for Task 3 based on geomorphic parameters of Boyd Branch to protect the proposed crossing from future erosion. Design support to include pier placement, encasement lengths, and bank protection limits. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY TASK 6. ENVIRONMENTAL INVESTIGATION. It is FNI's assumption that the proposed repairs can be authorized under a Nationwide Permit (NWP) without Pre-construction Notification (PCN) and that the construction schedule precludes a preconstruction archaeological survey. To satisfy Nationwide Permit terms and conditions, including General Condition 18 (GC 18; Historic Properties), archaeological monitoring during construction should be conducted and a Texas Antiquities Code (TAC) survey permit for monitoring would have to be obtained. During archaeological construction monitoring, NWP GC 21 (Discovery of Previously Unknown Remains and Artifacts) would apply. GC 21 requires that permittees who discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by an NWP to immediately notify the District Engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The District Engineer would initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. The environmental investigation shall include the following: 6.1. Gather and Review Existing Information • Prior to conducting a pedestrian survey, FNI environmental scientists will assemble and review data such as aerial photographs, USGS topographic maps, National Wetland Inventory (NWI) maps, the USGS National Dataset (NHD), and soils data along the parallel gravity main alignment. 6.2. Conduct Site Visit • FNI scientists will conduct a site visit of the proposed project area to identify potential waters of the U.S., including wetlands, potential T/E species and their habitats, and signs of hazardous materials contamination, if any. This task includes the delineation of potential waters of the U.S., including wetlands, if encountered. 6.3. Archaeological Monitoring (not included in contract) • FNI will assist the City and Circle C to subcontract directly with Acacia Heritage to monitor construction activities for Section 106 (National Historical Preservation Act) and Texas Antiquities Code (TAC) compliance. FNI scientists will assist the City and Circle C in reviewing the draft monitoring report prior to submission to the Texas Historical District (THC). 6.4. Prepare Technical Memorandum • Information gathered during the site visit will be used to prepare a draft Technical Memorandum. The Technical Memorandum will include discussions of methodologies used, the hydrologic characterization and locations of potential waters of the U.S., an opinion on their jurisdictional status, and a discussion regarding potential Clean Water Act Section 404 City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY permitting requirements. The Memorandum will also include a discussion of potential T/E species habitat, if any, and the results of archaeological construction monitoring. The draft Technical Memorandum will be submitted to the Client for review and comment. After incorporating the Client's comments into the document, FNI will submit a final Technical Memorandum to the Client. TASK 7. CONSTRUCTION PHASE SERVICES. Engineer will support the construction phase of the project as follows: 7.1. Site Meetings/Site Visits • The Engineer shall visit the project site (up to 16) at requested intervals as construction proceeds to observe and report on progress. 7.2. Shop Drawing Reviews • Engineer shall review shop drawings (up to 15) to verify compliance with the contract documents. 7.3. Field Orders/ Change Orders • Engineer shall prepare field orders or change orders (up to 3) as necessary to adjust the design due to changes in site conditions. 7.4. Final Walkthrough • Engineer will visit the site to determine if the project was constructed in general compliance with the construction plans and to prepare a list of deficiencies of items that will need to be corrected by the Contractor prior to acceptance. 7.5. Prepare Record Drawings • Prepare record drawings of project and identifying any changes made during construction as a result of field orders, change orders, or other deviations from the construction plans. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY 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'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: • Topographical surveying (to be provided by City). • Easement document preparation (to be provided by City). • Geotechnical drilling and laboratory testing (to be provided by Contractor). • Archaeological surveying and/or monitoring (to be provided by Contractor). • Negotiation of easements or property acquisition including temporary right-of- entries. • Services related to development of the CITY's project financing and/or budget. • Services related to pre-qualification, advertising, bid openings and protests, bid rejection and re-bidding of the contract for construction, or any disputes thereof. • Construction management and inspection services. • Design phase public meetings. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (i.e., TxDOT, railroad, etc.). • Services related to Subsurface Utility Engineering Levels A, B, C or D. • Services related to Survey Construction Staking. • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. City of Fort Worth,Texas Attachment A PIVO Release Date:08.1.2014 Page 10 of 11 ATTACHMENT A DESIGN SERVICES FOR SANITARY SEWER MAIN M-341 AERIAL CROSSING/EMERGENCY • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Preparation of Environmental Permitting. • Review of additional shop drawings and preparation of additional change orders. • Performance of miscellaneous and supplemental services related to the project as requested by the City. • Preparation of an Environmental Assessment (EA) or other NEPA document for submittal to the USACE. • Preparation of a Nationwide Permit(NWP) Pre-Construction Notification(PCN) or individual permit application for submittal to the USACE. • Preparation of a Preliminary Jurisdictional Determination report. • Conducting a functional or condition assessment (e.g., TXRAM) on waters of the U.S. potentially impacted by the proposed project. • Presence/absence surveys for federally listed threatened/endangered species. • Consultation with the U.S. Fish and Wildlife Service under Section 7 of the Endangered Species Act. • Phase I or Phase II Environmental Site Assessment. • Other environmental services not specifically defined in this scope of services. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 11 ATTACHMENT B COMPENSATION Design Services for Sanitary Sewer Main M-341 Aerial Crossing / Emergency Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $249,499 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item 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. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Design Management, Quality $249,499.00 100.00 Inc. Management, Preliminary (90%) and Final (100%) Design, H&H Modeling, Geomorphic Assessment, Environmental Investigation, and Construction Phase Services Proposed MBE/SBE Sub-Consultants (N/A) Non-MBE/SBE Consultants (N/A) TOTAL $ 249,499.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Sanitary Sewer Main M-341 Aerial $ 249,499.00 $ 0.00 0.00 % Crossing / Emergency City MBE/SBE Goal = N/A % Consultant Committed Goal = N/A % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8,09.2012 Page 3 of 3 B-3 skke ; * @ =wƒ-u±® n g n � ( \ / 0 \&32\ 2 CCDr /° k \\\\\ \ 00 § }\\- , / c Q ƒ ° § \\ 7 .. E e ( ( \ ) / ( \ / }. / / § 3 \ Q \ (D ° 0 / j \ 5� 7 2 m co / 2 t \ \ ƒ (/\q \ � \ } ' § _ ®\ > }> m / � CL\ � \ M m m 2 { } � .0 \\ � � }\ \ \ > 0 \ ( { } � ® { / } } _ o _ .. CL & Q ; & CD � \ m ® � ; > > Im - z / D \ i . � \ q a E � e \ 33 7 } c ] 7 f o ! \ ] : _ \ m .. � } Q 0 7/ � ( CD CL 0. , % / } gee-umƒ o ,n g-U -U \ \ ƒ1-5, s#ƒ !„ § %(1)-u 0 �//� §+ ( ( _j � � f 33\««% CD - - „ £e Q o[ §0.. U) \ \ 2 \{{ 2. £ (t # / § § ° ; a; e .. E .. .. @ m k � k \ CD n. Q — 2 ( ( , - G R E ; E $ m ® - 2 ( [ 2 ;I eo \ : m ƒ(§; \ _( � } \ 2� � m § ; _ m e , �± -R : ! e $ - - 2k § \ \\\( \ / \ , .o - / \ 75 %;_ ; z ( \ \ � §§ k - } ( \ \ 0 CL ` \ 2 M 2 \ ( \ ( \ » ; ,; 00m ; 7 m ° - - - & \ ; - G \ ! _ - o / ( ( � - : CL CD 0 CD ID 0 [ \ \\ \ \ \\ °2 r FREESE M INICHOLSIrirai6assili,r�=tali?:; rI 40 1111 Gln�AN; 801 Cherry Street,Suite 2800 + Fort Worth,Texas 76102 + 817-735-7300 + FAX 817-735-7491 www.freese.com May 12, 2022 Mr.Tony Sholola, P.E. Project Manager City of Fort Worth Water Department 311 West 10th Street Fort Worth,TX 76102 Re: Emergency Contract for Sanitary Sewer Main M-341 Aerial Crossing/ Emergency Dear Mr.Sholola: Freese and Nichols, Inc. (FNI) is providing this proposal for the Sanitary Sewer Main M-341 Aerial Crossing/Emergency.The following fee includes the costs for design management, quality management, design services for the proposed 24-inch aerial replacement, H&H modeling of Boyd Branch, environmental and geomorphic investigation and construction phase services (general rep). A summary of the is shown below: Item Fee Design, QC and Project Management $148,256 H&H Modeling $32,520 Structural Pier Design $15,743 Geomorphic Assessment $9,840 Environmental Investigation $14,878 Construction Phase Services $28,262 Total $249,499 Freese and Nichols, Inc. appreciates this opportunity, and we would like to meet with you to discuss these additional services at your convenience. Sincerely, Nicholas Lester, P.E. Vice President Attachments Level of Effort Spreadsheet Attachment A-Scope [FTW21267]T:\1.01 Contracts\Emergency Contract M-341 H / / ; ..., :. .. .. ..� . .!|� sj � . UEHNI A , || ` ( ! I I - -- $ . . , '{ . .} � I J . . . ; | y .. , � � ! ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Sanitary Sewer Main M-341 Aerial Crossing / Emergency None. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 I: _ HIGHWAY-151_•97739-"100241 �11LHltiIY L.I ' ..=^••" �{. ��t'�'1�`.�:v d�I'363rH-7T25(n @t651-S - S�DDIV •+0!�';a�y;:/.�9 ' . ell <4^ �'- s, I .+ '+ v '�..'+ ..4.a. e �,�.a+o:.. I+ •qRI( �°w'�o = t fl J,5 AN00 fb' ot , Sy 3 `U* �►'-- � '4!� /. _ I' �� m a�}O yF,lfrFERN /.' z" � ° � r, f f�' .f..tom� •� (I 1 -.•b ` � �Oai� 'Ca�y� ai•�y���•og^►+�, �... 1 � tr-q��i m91i9aNr�; +�►15'.'1:N \ •.. -.•.. _ ' - t � Cti 1 .i; •"�y �'� "M1)�m <nl1 gI N - F ll"l`h ry ♦_ v_0 "'7 I'•. o �y' r���w''c+a AL?T3'etld�v. �, .+ :.�R' � � If^x,•v�I �I,' A•���uieQAiR���Z..a� ��i�ZaH� �,t .fir' I� /r ' '` '11fISiyFI 1a `Y� _ ' A r W�-� elA♦ mi$ m�," .�i,.m 1 .vi SMOKE"TR Al �, , I 1 ,` t .. �;�RL.J•A Bl�C�•KGU M�mp FA�jP Imo?�o� { , P(n N J ,wm,_c�IEULE551SOUTH MAIN�m �Ry S � + °'+a r A� � of I 'w•1 I j{W tit t Awfr .��- _ � �, (>, 6. { a �7RNIITY HILLS f� •✓ +'J rc ♦:!vie:Y1T�.))AJ7 A�{' `ImFf N jF� l�y� wl liiQSL Ins• / ♦ + \ ,e.� 'ti,AI':A,,: I �" "R ♦,� TRINI•TY4TERE ram' - I � ©.- � _�•'�`�'. '"}-�� SJ'" m..^f .,) q�J y\ 7a� �RACad LI{.tNt•0'� �,,yy�� ,7•(jam �S'p0 )1�7J1j�,5� a0AK(��c� A 15' io;Sw V /` {.• .'..C,ll� v 3•�+�F�/@�SyN�`�nru .�rll7 16 Al ui w�LN O _ 1 ♦ !�. /� ;i m 4 1c�'•`�r ys EfL+IA t!'��'.���N X.F�♦9 ' �%�i q { +�7(�i,'� -1 S+, r:•1 rmi. g74°Jiiri•b RQr A. \' C 1l 1 I *, � � w 101>�l•{�i �_�''�'yl,',Inar7{{1�• i i��f{�wl m •�. r�� `,� r � � �r-T TARRANT VAIN 41 •; N N !88619 a �" u � u'1,1M1 �u2'. `../�• r � ♦ 9 I �' o ,'�w�{ �1{II G, � m Yl A ". _� � N t0 71 N• ' G7,ar11N I ' .f .t.' t• ', '� '\. m A �>o�PEAC,I "G1[lmi'a G / N•'. 1� m�'o'(Nr'�'lm ')1wlz�1T@U I K" ! S d N tLUM1I m�A +>f�i m 'ti ON. • A.'�' "s � ' / y _ `•w w `���ell'4[6fA:1i�,:N"SI6Il-''_.'�f�„�.+-.�� tig-• } f (J/11f I - � (9 IN 'G 4 `�1••'�!rm)�h� `y�'�f OA vaucnus�N� fF a. I A •T �~ �• � ' �. �w Z' O��1lxC • Z m l � m♦,. ` n ZY �..•+•�'�� `•p`� tl.�m�- `^vl19079 1 A Y +Es'9 �A �:. .+•4�, - -JrZiS6a� �111 915 � - w N W�C \1 ��77►► �' I y (n SLitll ♦W,{Nr�6620J r 9 A ATTACHMENT "E" CERTIFICATE OF INSURANCE SANITARY SEWER MAIN M-341 AERIAL CROSSING REPLACEMENT City Project No. N/A City of Fort Worth,Texas Attachment E INTEROFFICE MEMO Date: May 4,2022 To: Dana Burghdoff,Assistant City Manager From: Chris Harder,P.E.,Water Director Subject: SANITARY SEWER MAIN M-341 AERIAL CROSSING REPLACEMENT EMERGENCY RESPONSE It has been determined that the aerial crossing of the 24-inch Sanitary Sewer Main M-341 (Figure 1) over Boyd Branch,a tributary ofthe West Fork Trinity River,is in danger of collapsing(Figures 2 and 3)and must be immediately replaced in order to prevent sewer discharge into the tributary and Trinity River. The recommended solution is to immediately proceed with design for replacement of the aerial crossing.The design services to be provided include engineering for the aerial crossing relocation (Figure 4), easement preparation, environmental and floodplain permit, temporary bypass pumping setup, United States Army Corps of Engineers permit and assistance during construction. Construction will be initiated immediately upon receipt of the USACOE permit.The necessary design will be performed by Freese and Nichols,Inc.,while construction will be conducted by William J. Schultz, Inc. dba Circle C Construction Company. Staff will monitor the crossing and particularly immediately after rain events have the potential to increase water levels in the tributary. Waiting to bid and award a construction contract to perform this work is not in the best interest of the health and safety of the citizens of the City of Fort Worth.Chapter 2,Article I,Section 2-9 of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents and procurements necessary because of unforeseen damage to public machinery,equipment,or property. This memo is submitted to request authorization for emergency procurement of engineering and construction services to replace the aerial crossing.It is estimated that the engineering and construction costs associated with this emergency repair may cost approximately$1,500,000.00(Engineering:$250,000.00;Construction:$1,250,000.00). A confirming M&C will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Christopher H rder(May 4,202210:22 CDT) Chris Harder,P.E.,Director,Water Department om Approved as to form and Legality: D311ckixaY4— o Douglas W.Black,Sr.Assistant City Attorney Approve: Cynthia Garcia,Assistant Director,Purchasing zLli�CLflr'�i wiw 6"i Approve: Dana Burghdoff(May4,20 4:33 CDT) Dana Burghdoff,Assistant City Manager . I_9773 9 100 L_t.�*,•I: _.AY --_ �—. -• .�-=:- __ - _F----� HIGHWAY i-7� - 24]— HIGHWAY 157-- -11"1 �} �`,; Y _ - !' -+-s�•ki 13 3ft- fn{•G'6Sl S' S91'OOl l ,/' •I S Ij Y• t D R—Nf RPER `m o gm .1�.: 1_� ,`(((���\" ,K� 'f. - A ��• tl c{}�I`'•O +_,mac_ }O 'O � .'1 yl}� Y �`""��.. '' �'� •.�` J .� ,•�i,II•�_� OIN. 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