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HomeMy WebLinkAboutContract 52430 RECEIVED JUN 18 2019 CI T SECRETARY 01W OF FORT WORTH RACT NO. Sa 43 CITY SECRETARY 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 Lockwood, Andrews, Newnam, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3. Article I Scope of Services The Scope of Services is set forth in Attachment A. Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to $897,816.00 as set forth in Attachment B. B. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject. matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL B RECORD �Co+�pn Revised Date:11.17.17 CAL EC Page 1 of 17 CITY SECRETARY FT. WORTH,TX (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11,17.17 Page 2 of 17 work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 3 of 17 indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 4 of 17 the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 5 of 17 directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 6 of 17 liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 7 of 17 c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 8 of 17 final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 9 of 17 changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment C. A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date: 11.17.17 Page 10 of 17 an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate, and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 11 of 17 of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 12 of 17 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 13 of 17 b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 14 of 17 Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ,�,-� UAL -a, �gw AW c'S.Gt� �wnq�a. c. q.�� '�GI�t�c� " � IV IA W4*4, City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 15 of 17 Texas Government Code, CITY is prohibited from enteri into a contract with'a any for goods or services unless t contract contains a written verificatio om the company that i does not boycott Israel; and (2) will not boycott!7� during erm of the contract. The terms "boycott Israel" and "company" ve the meanings ascribed to those terms in Section 808.0 the Texas G ment Code. By signing this contract, INEER certifies that EN R'S signature provides en verification to the CITY that ENGINEER: es not boy Israel; and (2) will not boycott Israel during the term o ontract. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 Page 16 of 17 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 -'� Lockwood, Andrews & Newnam, Inc. Jay Chapa Assistant City Manager J C. eeves, P. E. Date: (__Se for Associate � Date: �UtaE \O, 2org APPROVAL RECOMMENDED: By: is Harder, P. E., Director Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirem nts. Co t 647,� Liam tonlon Project Manager APPMTO FORM AND LEGALITY By: Senior Assistant City Attorney ATTE I��j` '°° Form 1295 No. 2019 - 475663 &C No.: C-29143 Maly J. Ka e City Secretary r° :r Gl&C Date: June 4, 2019 City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:11.17.17 CITY SECRETARY Page 17 of 17 FT WORTH,T% Note: HB793 BECAME EFFECTIVE MAY 7,2019.THIS CHANGE IS A RESULT OF THAT BILL. PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if Contractor 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,Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270,Texas Government Code applies,Contractor: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR, PHASE 3 CITY PROJECT NO.: 102069 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. Route Analysis and Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Plan Submittal Checklists Project includes: • The design of a 66-inch parallel relief sanitary sewer interceptor along the existing Sycamore Creek Sewer Interceptor totaling approximately 7,800 linear feet. The new interceptor shall connect to the stub-out designed in Sycamore Creek Sanitary Sewer Relief Interceptor (Phase 2) and end at a point south of U.S. 287. Design includes the following: o Pipeline design; o By other than open cut pipeline design under streets and deep sections; o Siphon design under Sycamore Creek; o Junction box design for existing pipeline connections o Route analysis for the new interceptor. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 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. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements • Conduct review meetings with the CITY at the end of each design phase • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 22 ATTACHMENT DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 15 MWBE reports will be prepared 4 progress/working meetings with city staff (separate from design/submittal review meetings as outlined herein 15 monthly water department progress reports will be prepared • 15 monthly project schedule updates will be prepared • CITY will pay all fees associated with obtaining permits identified as necessary during Conceptual Design. DELIVERABLES A. 4 Meeting summaries with action items B. 15 Monthly invoices C. 15 Monthly progress reports D. 1 Baseline design schedule in Microsoft Project E. 15 Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. 15 Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 9) TASK 2. ROUTE ANALYSIS AND CONCEPTUAL DESIGN (30 PERCENT). The Route Analysis and Conceptual Design shall be submitted to CITY per the approved Project Schedule. The general purpose of the route analysis and conceptual design is for the ENGINEER to ■ Study the project and determine potential conflicts, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 2.1 Basis of Design & Routing Study ENGINEER will provide an investigation of feasible routes for the wastewater interceptor for 30 Percent design. Primary objectives of the analysis are to evaluate different routes for a permanent solution to the parallel relief sewer interceptor considering maintainability, costs and low impacts to surrounding community. • Engineer will evaluate up to four (4) alignment options to accommodate the needed improvements of the Sycamore Creek Parallel Relief Interceptor. The options presented in a Technical Memorandum (TM) shall be a comparison of alignment, conflicts, type of construction, length, integration with the existing interceptor, surrounding community impacts and preliminary opinion of costs. • Perform field visits as appropriate along each route to determine field conditions necessary to support analyses. • Develop conceptual profile and siphon for the four(4) alignments developed. Develop conceptual exhibits of profiles for cost estimating purposes in the decision matrix. Identify number of siphons for decision matrix. • Identify proposed rights-of-way or real estate acquisitions for the route alternatives using GIS parcel data. A summary indicating right-of-way and easement needs, and/or other required real estate is necessary to weigh the acquisition impact on the project schedules. The summary will include the number, location and sizes of parcels based upon readily available information to allow the City to determine approximate property values. The report will also indicate if rights-of-way or easements are adequate for proposed sanitary sewer sizes and if encroachments exist. • Coordination with stakeholders in cooperation with the CITY. Assume up to total of 5 (five) meetings. • Develop data for decision matrix that may potentially, but not necessarily, include: (1) probable opinion of construction cost, (2) permit implications, (3) easement requirements, (4) utility conflicts, (5) construction duration, (6) traffic impacts, (7) environmental impacts, (8) hydraulics, (9) topography, and (10) community impacts. • A draft decision matrix outline will be presented to the CITY for review and comment prior to finalizing the decision analysis. • Opinions of probable construction costs will be developed for comparative purposes between alignment alternatives. Unit costs will be developed for construction items that are being compared to determine a point allotment for the decision matrix. Example items may include, but not be limited to: (1) linear feet of open cut through open ground, (2) linear feet of open cut under pavement, (3) linear feet of tunnel, (4) cost of shallow tunnel shafts, and (5) cost of deep tunnel shafts. • The decision matrix will be populated and analyzed with findings, pros and cons, and recommendations documented. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 • Present recommended alternative to CITY as a Route Analysis package for discussion and approval in workshop. 2.2. Utility Conflict, Property Research & Preliminary Stakeholder Investigation • Accumulate and review existing applicable data, criteria, standards, regulations and other information pertinent to the work described here and necessary to describe the surface and subsurface conditions and constraints that may affect or be affected by the alternative alignments, including compliance with Parks, TxDOT, and community criteria. Such data shall include, but not be limited to: relevant site plans; topographic maps; geologic maps; floodplain maps; wetlands maps; environmental maps; endangered species habitat maps; historical and archeological information; land use and planning maps; property maps; rights-of-way records; aerial photographs; geotechnical information; hydrogeological records and models; existing wells; record drawings; existing utilities; applicable Federal, State and County regulations, guidelines, GIS maps, and correspondence. • Prepare a conceptual project area map. • Submit map of area to potential utilities to determine if there are any utility conflicts in the area. Obtain utility record drawings within the project area and potential alignments. The utility drawings will be used to (1) identify existing utilities and (2) assist with the route evaluation. • Identify preliminary permits and licenses required from governmental agencies, public or private utilities, City of Ft. Work Parks Department, TXDOT, NPDES, and wetlands. Summarize coordination efforts necessary for these entities, describe deficiencies/conflicts and develop a timeline for approvals. 2.3. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, record drawings and property ownership as available from the Tax Assessor's office. • The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re- routing plans. • The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.4. Environmental Corridor Study Investigation City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 22 ATTACHMENT DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102009 • Analysis will include a limited environmental site assessment for the impact area. ENGINEER will request an industry standard EDR report with the database of environmental and historical land use information to help assess and manage environmental risk. Information will be summarized and used in the construction cost estimating. Floodplains, Phase 1 ESA, THC, and wetlands will be investigated. • Environmental investigation will be pursued for the preferred/selected route only. 2.5. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.6. The Conceptual Design Package shall include the following: • Cover Sheet • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. • Prepare 11x17 preliminary plan and profile sheets for the preferred route, including conceptual locations of structural manholes, siphons, and junction boxes. • Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. • Documentation of key design decisions summarizing and compiling principal findings and conclusions from the route study and preliminary design. The documentation shall include the following: • Results of utilities and environmental research • Route analysis study • Description of issues that may affect existing system operations. • Understanding of permit requirements Documentation of key design decisions Estimates of probable construction cost. • ASSUMPTIONS • 0 Geotechnical borings are expected for this project. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 • 5 copies of the conceptual design and route analysis package (30% design) will be delivered. Report shall be letter sized and comb-bound with a clear plastic cover. Drawings will be 11"x17" size fold outs bound in the report. • 1 copy of a strip map will be delivered showing a continuous routing alignment • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw or BIM 360. • ENGINEER shall prepare the meeting minutes with action items of the Concept Review meeting and revise the report, if needed. • Wastewater flow data and diurnal patterns for design years will be given by CITY based on previous studies. • Stakeholder coordination will be performed primarily over the phone with no more than 8 separate personal meetings required. • CITY GIS data will be available and utilized to develop invert/grade elevations of the existing Sycamore Creek Sewer Interceptor. • All analysis, evaluation, and design parameters will only consider standards in place on the date of execution of this agreement. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design / Route Analysis Package. • Conceptual plan and profile sheets will not be broken into separate construction phases. • For development of OPCC with consideration for inflation, CITY will provide or approve all inflation rates identified/proposed by ENGINEER. DELIVERABLES A. Conceptual Design (30 Percent) plan and profile sheets Package B. Meeting minutes with action items C. Route Analysis package D. GIS files of proposed route TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 3.1. Environmental Site Assessment ENGINEER shall complete a Phase I Environmental Site Assessment (ESA) along the proposed alignment where open cut construction activity is to be utilized. 3.2. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall protect easement layout sheet(s)with property owner information. • Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. • Bench marks per 1,000 ft of plan/profile sheet— maximum of 10. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. • Tree mitigation plans, including a project layout with tree locations graphically identified by tree number with appropriate protection, removal, and/or replacement measures to be utilized defined and listed in tabular form. • Access management plans, including a project layout sheet with access locations available for use by the CONTRACTOR graphically identified for their limited use. All access needed to be obtained by the City shall be identified and submitted or City of Fort Worth,Texas Attachment A PMD Release Date:08.1.2014 Page 8 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 documented by TM. After acceptance of TM by City, Engineer shall prepare access acquisition documents, if necessary. • Bypass pumping plans, including a project layout sheet with either suggested locations available for use by the CONTRACTOR for bypass pumping graphically identified or locations not available for use by the CONTRACTOR graphically identified. • Erosion control plans, utilizing erosion control measures to be incorporated by the CONTRACTOR during the preparation of a Storm Water Pollution Prevention Plan (SWPPP) that is consistent with the Texas Commission on Environmental Quality Pollutant Discharge Elimination System (TPDES) Permit requirements. • The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. • The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or(2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de-hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. • Provide map showing location of new manhole construction at the end of existing sewer segments, 90-degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. • The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.3. Geotechnical Investigation • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made at no more than 10 locations. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. 3.4. Opinion of Probable Construction Cost • ENGINEER will prepare and submit an opinion of probable cost for the Preliminary Design (60 Percent). 3.5. Specifications • ENGINEER shall prepare 60% design level specifications that shall include: • Standard CITY specifications to the extent possible; • Special/project specific specifications including by-pass pumping requirements for wet weather flow conditions and pumping shut down • Front-end documents provided by the CITY • Special specifications • Bid form 3.6. Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.7. Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, private utilities and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in Buzzsaw for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. City of Fort Worth,Texas Attachment A PMO Release Date:D8.1.2014 Page 10 of 22 ATTACHM ENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 3.8. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw or BIM 360 website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. 3.9. Stakeholder Coordination • ENGINEER shall prepare exhibits and attend two (2) public meeting to discuss the project(s). • ENGINEER shall coordinate with affected property owners and other appropriate stakeholders to determine special requirements and/or utility conflicts that need to be noted in the construction documents. ASSUMPTIONS • Two 2 public meeting(s) will be conducted or attended during the preliminary design phase. • Ten (10) borings at an average bore depth of 30 (Thirty) feet each will be provided. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional Four 4 project specific traffic control sheets will be developed for tunneling under U.S. 287 and for coordination of work along the access roads of U.S. 287. • Five 5 sets of 11 x1 7 size plans will be delivered for the Constructability Review. • Five 5 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). • Five 5 sets of specifications will be delivered for the Preliminary Design (60% design). • DWF files created from design CAD drawings will be uploaded to the designated project folder in Buzzsaw or BIM 360, • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if needed. No more than 8 project specific specifications will be developed. • Five 5 sets of 11x17 size drawings will be delivered for Utility Clearance. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 22 ATTACHMENTA DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Storm Water Pollution Prevention Plan E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. G. Phase 1 Environmental Site Assessment Report(s). H. Geotechnical Report(s). I. Exhibits as required for public meetings. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • Five 5 sets of 11x17 size drawings and Five 5 sets of 11x17 size drawings and Five 5 specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw or BIM 360. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 • Five 5 sets of 22x34 size drawings and Five 5 specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in Buzzsaw or BIM 360. DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto Buzzsaw or BIM 360 for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to Buzzsaw or BIM 360 in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and, named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on Buzzsaw from documents sold and from Contractor's uploaded Plan Holder Registrations in Buzzsaw or BIM 360. • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders' questions and requests and the response thereto. The log shall be housed and maintained in the project's Buzzsaw or BIM 360 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 13 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto Buzzsaw or BIM 360 and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on Buzzsaw or BIM 360. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings 1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: 1. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "—org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf If. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in Buzzsaw or BIM 360. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956—SHT01.dwg", "W- 1956—SHT02.dwg", etc. Il. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155—SHT01.dwg", "X-12755—SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and in one (1) package/project only and awarded to one contractor. • One 1 sets of construction documents will be sold to and made available on Buzzsaw for plan holders and/or given to plan viewing rooms. • Five 5 sets of 11x17 size and Five 5 sets of 22x34 size drawings plans and Five 5 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to Buzzsaw. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will provide support services for construction administration of one (1) construction contract. ENGINEER shall not assume any responsibility or liability for City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2D14 Page 15 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 performance of the construction services; for the safety of persons and property during construction; or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. In addition, ENGINEER shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the CONTRACTOR. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • After the pre-construction conference, the ENGINEER shall provide project exhibits and attend no more than two (2) public meetings to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • ENGINEER will review shop drawings and submittals submitted by CONTRACTOR for compliance with design concepts. ENGINEER shall review and approve or take other appropriate action upon CONTRACTOR's submittals such as shop drawings, product data, and samples but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. • Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. • ENGINEER will conduct periodic site visits as construction proceeds to observe and report on the executed work. • When ENGINEER is called upon to observe the work of the CONTRACTOR(s) for the detection of defects or deficiencies in such work, excluding the ENGINEER's responsibilities under its scope of work regarding CONTRACTOR(s)' compliance in accordance with the Project plans and specifications, the ENGINEER will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. • The ENGINEER shall not make inspections or reviews of the safety programs or procedures of the CONTRACTOR(s) and shall not review their work for the purpose of ensuring their compliance with safety standards. • The ENGINEER shall visit the project site at periodic intervals as construction proceeds to observe and report on progress with an estimated four (4) site visits per month. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 16 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. 1) Record Drawings shall also be submitted in both Adobe Acrobat PDF format (version 6.0 or higher)format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_rec47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 17 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 II. Water and Sewer file name example—"X-35667_rec36.pdf"where"X-35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755 rec18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in Buzzsaw. ASSUMPTIONS • Ten (10) RFI's are assumed. • Two 2 Change Orders are assumed. • 20 Submittals are assumed. ENGINEER shall review up to one (1) re-submittal per item. Beyond two (2) submittals per item, CONTRACTOR shall compensate ENGINEER for services. • One copy of full size (22"x34") mylars will be delivered to the CITY. • ENGINEER shall be required to attend and support the CITY at no more than two (2) public meetings. • ENGINEER will transmit electronic (PDF) responses for all reviewed submittals and/or clarifications via email or CITY designated FTP for distribution to selected CONTRACTOR. ENGINEER shall be required to attend and support the CITY at no more than 50 site visits. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings on Mylar TASK 7, ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 7.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw or BIM 360 site. 7.3. Temporary Right of Entry Preparation and Submittal • Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw or BIM 360 site. 7.4. Park Conversion Exhibits • ENGINEER shall prepare exhibits for proposed Park Conversion easements (access disturbance). ASSUMPTIONS • Six 6 Easements or right-of-way documents will be necessary. • Six 6 Temporary right-of-entry documents will be necessary. • Eight (8) Parks conversion exhibits will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 19 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters C. Parks Conversion Exhibits TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally, on a scale of not less than 1:400: - The following information about each Control Point; a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X,Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. - No less than two horizontal bench marks, per line or location. - Bearings given on all proposed centerlines, or baselines. City of Fort Worth,Texas Attachment A PIVO Release Date:08.1.2014 Page 20 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Buzzsaw or BIM 360 site. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90% Attachment"A" Signal Engineering Water Water (Submit (Submit Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @0 60%) Required for all work in City ROW Street X X X X X* X X X X Storm Water X X X X X Water/Sewer X X X X *If included in street project City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 21 of 22 ATTACHMENT A DESIGN SERVICES FOR SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR,PHASE 3 CITY PROJECT NO.:102069 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: • 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 disputes over pre-qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie. TxDOT, railroad, etc...) • Services related to additional 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. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 22 of 22 ATTACHMENT B COMPENSATION Design Services for SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR, PHASE 3 City Project No. 102069 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of$ 897,816.00 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 III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort 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 Lockwood, Andrews & Engineering Design $ 740,536 82.5% Newnam, Inc. Proposed MBE/SBE Sub-Consultants 1519 Surveying, LLC Topography Survey/ ROW/ $ 64,650 7.2% Easement Services Alliance Geotechnical Geotechnical Engineering $ 16,500 1.8% Group The Rios Group SUE Engineering Services $ 51,050 5.7% Non-MBE/SBE Consultants ACI Consulting Phase I Environmental Site $ 25,080 2.8% Assessment TOTAL $ 897,816 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE Sycamore Creek Sanitary Sewer Relief $ 897,816 $ 132,200 14.7% Interceptor, Phase 3 City Project No. 102069 City MBE/SBE Goal = 10.0 % Consultant Committed Goal = 14.7 % 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 0 0 C C rn rn 'gyp �a m m E m � m c m O U O 7 > U S v >, _U N O � _O N C > a i y a Y y a U .O U O. C O N T a a .O N m Y C N a ❑ N o J E O ° m O Q N Cf) ~ m U C 1° C E a F y o o w o a r ro V LL O O E C (D m m L n a LL a) O o w E ,�, d m E — z a s d m Q Q u m v N 0 a o C > d O o U) m E E co a o � > Z y E a) ' a = o E Q CO o E d 3 E Q U N U •O C >_ O O O O aai o ° R o m r r t o 0 o x y m m O a p C t LL > N 1�r m Q J ` m O Q � c0 10 mm a N fn rn_ v CL dam. ro `-' dii E O a` L-. N O H LL w U V O W CO 0 > O C ql r L � — U) E O is �L c O V � z F- i... a3 C y E ¢ a 0 (6 o u U c o C _ d v E C a °> >LL O # E Z ,nyyciciv aa) Z C v � tycoy�❑❑0 m m m m w a O O a N C N r r r r r r G C C T Z Z.O N Y Y Y Y Y Y O 0 0 m 0 y t O O O O O O dLLi� U C) UUau)u)_C tA333: 3: ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR, PHASE 3 City Project No. 102069 NONE City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of I ATTACHMENT "D" PROJECT SCHEDULE Design Services for SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR, PHASE 3 City Project No. 102069 City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 N V V N J �OJ m L In N N C 0 m a O a M M 00 00 O ti N m M E U 2 M �A 00 01 .-1 .-1 'i .-I c-1 rl ci .-I'N N N N N N M M'•M m M N m O N Ol T-01 O T N Ol 01 0l T Ol N'\ \ _ ei C N ^ ti �,.� C.C •-I .-1 eel .-1-c-1 rl ci c-1 '-I N N N N V m m d' d' d' 'O 'O.�y 'O m _ O-._ _ _ - - _ O O J d J J L .0 3 LL �'LL LL w w LL 3 F r F F F- r � F- F o O O O N O O O'N w:\ w \ \ \ \ O lD a lD �D tD tD lD h .-1 H H H H H eel ci \ \ N H H H-N ta C C C C C C C C C C 'O V'V 'O 'O "O .y .0 m 'O O O O O O O O O O O N N m N OJ Ul N O m J Ol m N m N N m Ul Ul Ul Ql N J J V i.. > > > > > > i• i• > m. > > >:> m T m > m m m m > >�>:>' -0 -0 0 T ao m o v o v m y �p m m m y m y '.v v'� v v v m m:O N N O O N O 0 r ^.V N O O.0 0 t11 O 0 �' � o0:Z ei m N' L a C N O +' - a zo a �a.'m o o m , 0 N KK d WE m c 5 01 > m m m'� E oo o v c m w o m 3 V 0:2 -o E L.W p'U U.m L m Y U h0 C m' L U '..0 N O N m u L•...' v.y GL O Y E O Y ._ to m m:L".. m C C U C N N _O of N m m C N C a m m N C U K d O' .= N ate+ K m Y L w N-O K 2 3 6-c U �+ u W d 2- N O w a U U 3� O'.L V C N U O m m O •� L u N �' 2 ? 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N 3 K U �' a % d C-t Vl , U c 0 C Ul U d VI ate+ C Y v G d d o C V o C Vl d O J a 7. `I 01 -u m a d N ♦+ 3 Y U CO N N m a+ C C m Y O U v N N y i O E ` d N O CD o m w ❑ m-'E a a d _ m f0 E H.LL N m v _ _ - c;H E u u u EE a' c ¢ as Y '> v n ❑ as w > y n p o:p o 3 m` ° n o o u o > '> > a E J Q J m N C J v C O Ol C C C O� W VI d d N d K 'i N d d d 2 C.1I1 ` �- r U > o.11 ti 41 Vl: F x N ❑ u K-K w N ll � F � 3 a s r v v v L N 23 C T T T > N m � a a + + z m a°ii w LL LL LL LL `�` E a m n eo rn o n N M v 00 m N m E co eo w m eo m w co m m m rn v 0 O O N rl rl N � \ ON L o m w >v > > > > > > m >v >v >v O O O N ri '-I ri rl ri 'd' 00 lL ll IL F- F- > LL LL LL LL LL LL f F N - O-to O O IA O O O Gl H rl H rl m"O m N a a N rl ul ri R1'N m m F a a = z H Z z v N m 3 co E c -a a o � E w v o ° m o E c w o o co o u` d! i ¢ o v E °� u m a w o w x 3 °u O a.v c u x o 2 .. w w o w • c u voi v o a ° u L 0 > E a 0 0 0 w v O ° O O o LL u- Z u u u 2 u F- 2 u u u C u u 2 \ m u v w � 3 ui n n n m m m m m m m m m m rn rn m rn � p ATTACHMENT "E" PROJECT EXHIBIT Design Services for SYCAMORE CREEK SANITARY SEWER RELIEF INTERCEPTOR, PHASE 3 City Project No. 102069 City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page I of 1 fi 21 uQRT WORTH ' „ y'y. + ■ • • ��[ pu SAT I ��li / :/I -WO IN FEET �7 r 3; - ��P]ZYir — 477,111 P 1 1 f _, 1 Ns ? ■I i i ®� s�� I€� ■. A ' isyV�4t!b �If18' a/�. K■ � .tlF1� .L��1��5/t1��4i� xv.a 6 Ir ski i, ��y tt11 a14��l �a t ltti14 TIM ion w _ -kyj ••■ • fi ems.:-=7 �I� fjx- ibs I '- • l ~ ��`'> �`/'. SiA1 i mr a i-w Z. r � ���'�! Lru'�*9� Li3'`!1i L3" �' ''i• [9cl � ,. � •:: '�Q +� (S - �, -� 11 1� f r-�-� ■ �r � yea �s � •.: ■- !• .e t �t1 t� � 'P ■y' low F ' '�7�i•i. �� �l� i , ':, �; '"r3.f ��';.� td✓L�lil�t�s.�1.� -_� :a • - as t ,� MUNI Au I � fiffi t'bl ;Fib► + . - •- :kNO'If INTERCEPTORLEGEND EXISTING ■ „� PROPOSEDSYCAMORE CREEK - 4 NJ r La OPTION 1 PROPOSED PHASE 3- OPTION 2 Wiled All . SYCAMORE CREEK INTERCEPTOR Andrews ROUTEPHASE 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/4/2019 - Resolution No. 5093-06-2019 & Ordinance No. 23683-06-2019 DATE: Tuesday, June 4, 2019 REFERENCE NO.: **C-29143 LOG NAME: 60SCSSRIP3-LAN SUBJECT: Authorize Execution of an Engineering Agreement with Lockwood Andrews& Newnam, Inc., in the Amount of$897,816.00 for Design of Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 from Vickery Boulevard to Cobb Park Drive, Provide for Staff Costs, Property Acquisition and Utility Coordination for a Total Project Amount of$1,510,016.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 Project; 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 Project in the Water and Sewer Commercial Paper Fund in the amount of$1,510,016.00;.and 3. Authorize execution of an Engineering Agreement with Lockwood Andrews & Newnam, Inc., in the amount of$897,816.00 for Design of Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 Project(City Project No.102069). DISCUSSION: This Mayor and Council Communication is to authorize the preparation of plans and specifications for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 Project from Vickery Boulevard to Cobb Park Drive. The proposed project will provide additional capacity and help alleviate wet weather overflows in the Sycamore Creek Drainage Basin. Lockwood Andrews & Newnam, Inc., proposes to provide all the necessary design services for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 for a fee of$897,816.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $612,200.00 is required for project management, utility coordination and real property acquisition. Engineering for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 project is one component of the overall project that includes project management, real property/easement acquisition, utility coordination, material testing, inspection, construction and contingencies. Design is expected to start in June 2019 and be completed by December 2020. Construction is anticipated to commence in April 2021 and be completed by December 2022. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Callable Commercial Paper Program (CP) will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer ',++„•//a""c? Wham,-+nrah-i-nimnil/nrintmn acn7iti=7.6994k.nrint=true&DocTVDe=Print 6/6/2019 portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the CP Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2018-2022 Five Year Capital Improvement Plan on September 26, 2017. This City Council adopted plan includes this specific project, with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement, staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. This project will have no impact on the Water Department's operating budget. M/WBE OFFICE: Lockwood Andrews & Newnam, Inc., is in compliance with City's BDE Ordinance by committing to 15 percent SBE participation. The City's SBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water/Sewer Commercial Paper Fund for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 Project. The Water & Sewer Commercial Paper Fund includes authority of$150,000,000.00 for the purpose of providing interim funding for Water and Sewer Capital Projects. After this transfer, the balance will be $26,004,094.00 for future capital projects. Funding for the Sycamore Creek Sanitary Sewer Relief Interceptor, Phase 3 project is depicted in the table below: FUND Existing Additional Project Total* Appropriations Appropriations W&S Commercial Paper - $0.00 $1,510,016.00 $1,510,016.00 Fund 56016 Project Total L$O.0 0 1=$1,516.00 $1,510,016.00 * Numbers rounded for presentation FUND IDENTIFIERS (FIDs): TO (Fund; Department (Account; Project !Program!Activityj Budget Reference # lAmoun E i ID _..-ID --I_— --_j_._--'--Year (Chartfield FROM Fundl Department Account; Project jProgramiActivity;' Budget Reference# Amounl ID I ID Year (Chartfield 2) ' I CERTIFICATIONS: http://apps.cfwnet.or2/ecouncil/printme.asp?id=26994&print=true&DocType=Print 6/6/2019 Jay Chapa (5804) Originating Department Head: Chris Harder (5020) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS 1. 60SCSSRIP3-LAN - REIMB RESOLUTION.docx (Public) 2. 60SCSSRIP3-LAN Compliance Memo.pdf (CFW Internal) 3. 60SCSSRIP3-LAN FID Table (Carol).docx (CFW Internal) 4. 60SCSSRIP3-LAN Map 1.pdf (Public) 5. 60SCSSRIP3-LAN SAM.pdf (CFW Internal) 6. 60SCSSRIP3-LAN Sycamore Creek SS Ph 3 Form 1295 2019475663 Redacted.pdf (Public) 7. 60SCSSRIP3-LAN 56016 A019.docx (Public) httn://aDDs.cfwnet.ora/ecouncil/i)rintmc.asp?id=26994&print=true&DocType=Print 6/6/2019 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ai O rl O N O O O O �O N O O 00 O Ln O O O O m N' O O ul O N * rI N 01 n rl OD f� e4 e4 N Ol V} r1 00 N 00 rl N N lr� Q1 01 Q1 01 Q1 O 01 m m 01 01 O O O O O O O O O O O O 01 N N N N N N N N N N N C1 lJ O O O O O O O O O O O UJ m m a a a a N w w m m a v v v a v v v v v v v z o 0 0 0 0 0 0 0 0 0 0 rn rn rn rn rn rn rn rn rn rn rn • W lD l0 l0 l0 lO l0 lD lO lO lD • lD a o 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N Z O O O O O O O O O O O O O O O O .-4 .-1 � O Ln O O .-1 ul .-1 ul o o m .q m Ln 1n 0 0 0 0 0 0 0 0 0 0 0 .-4 m .-4 m r1 a .-4 V r1 m m N m .-1 m n n m u1 m m m Ln Ln Ln Ln m Ln Ln m m m Ln N fl o 0 0 0 0 0 0 0 0 0 0 0 m m m m m m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 p o 0 0 0 0 0 0 0 0 0 0 0 W n n n n n n n n n n n LL o 0 0 0 0 0 0 0 0 0 0 0 Z Q --1 l0 lD l0 l0 l0 l0 LO l0 lD l0 lD LD rn o 0 0 0 0 0 0 0 0 0 0 0 a Lo Lo Lo Lo Lo Lo o Ln Ln o Ln � an an Ln Ln Ln m Ln Ln m Ln� m Ln Ln co co Do m lD