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HomeMy WebLinkAboutContract 53101 CITY SECRETARY CITY OF FORT WORTH, TEXAS C°.)NTRA;,T NO. 53 M AGREEMENT FOR EMERGENCY PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Additional Emergency Streambank Stabilization for Two 90-inch Sanitary Sewer Mains. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Additional Emergency Streambank Stabilization for Two 90-Inch Sanitary Sewer Mains Project. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article 11 Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $258,140.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Term Unless terminated pursuant to Article Vlll herein, this Agreement shall be for a term until the completion of the subject matter contemplated herein. City of Fort Worth,Texas OFFICIAL RECORD Agreement for Emergency Professional ServicesRevis CITY SECRETARY Page 11 of Son ate:11.07.17 ✓O� D NOv 2 0 2G19 FT. WORTH,TX v,k` QFF��� O�� r�ZY S� Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT, THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date: 11.07.17 Page 2 of 8 Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Tony Sholola, P.E., 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date: 11.07.17 Page 3 of 8 h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. Either the City or the Consultant, for cause, may terminate this Agreement 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 City chooses to terminate this Agreement, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 4 of 8 Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's 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. Consultant acknowledges the MBE and SBE goals established for this Agreement 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 Consultant 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. A waiver of section has been granted by the MWBE Office. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 5 of 8 Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant 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, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIV Contract Construction The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date: 11.07.17 Page 6 of 8 any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Tony Sholola, P.E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Nicholas Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, Texas 76109 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 7 of 8 Article XIX Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. WIM n Dana Burgh off Interim Assi tant City Manager Nicholas Lester, P.E. Vice President Date: ` Date:_[��q APPROVAL RECOMMENDED- �� ��C M&C No.:N/A(Attached 10/28/19 emergency memo.) gy: Chris Harder, P.E. M&C Date:N/A(Attached 10/28/19 emergency memo.) Director, Water Department �0 Contract Compliance Manager: :.• ATTEST: �,• � `�Cq BY signing, 9 si nin , I acknowledge that I am the �-: ley:✓ person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting M ry J. K r requirements. City Secretary 9 +`a.f • /e APPROVED AS TO FORM AND LEGALITY Tony Sholola, P.E. Sr. Capital Projects Officer By: Douglas*. Black Senior Assistant City Attorney City of Fort Worth,Texas OFFICIAL RECORD Agreement for Emergency Professional Services � C/�n Page Revision Date:Bate:11.07.17 CITY iB SECRETARY FT. WORTH,TX ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION 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. Wall /Embankment Design Task 3. Temporary Equipment Support Structure Task 4. Hydraulic Analysis Task 5. Construction Phase Services Because of the urgency of this project, the design will be prepared and issued for construction using the Design-Build method. Although there is not a contractual relationship between Freese and Nichols, Inc, and the City's on-site contractor, Humphrey Morton (HM), FNI will collaborate with HM during all phases of design. Accordingly, this project will not include the preparation of front-end documents or technical specifications. This project will not be advertised or bid and there will not be a letter of recommendation for award of the construction project prepared, or any similar document typically required for a Design-Bid- Build design project. TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 6 ATTACHMENT A DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION • 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. • 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 • 4 meetings with city staff • 6 monthly water department progress reports will be prepared • 6 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 6 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2. WALL/ EMBANKMENT DESIGN. The Wall Design shall be submitted to CITY per the approved Project Schedule. The purpose of the wall design is for the ENGINEER to ■ Meet with design team weekly (City, DeOtte, and HM), ■ Analyze existing conditions and propose three design options (vertical wall, embankment protection, and sewer realignment). ■ Prepare preliminary wall /embankment design, including tangent design, wall columns and cap at low grade, wall panels, cap at grade, prepare layout plan and cross-section, prepare structural details, and geotechnical analysis, ■ Present (through the defined deliverables) the design to the CITY, and ■ Obtain the CITY's endorsement of the design. ENGINEER will develop the wall design of the infrastructure as follows. 2.1. Weekly Meetings (6) • Meet with design team to develop design and to gather input from all parties. 2.2. Preliminary Design • ENGINEER shall prepare design for secant pile, wall columns and cap at low grade, wall panels, and cap at grade. 2.3. The Wall Design Package shall include the following: • Layout Plan • Cross-sections • Structural Details 2.4 Geotechnical • Analyze findings from bores (performed by others) and its impact on wall / embankment design. ASSUMPTIONS • 0 Geotechnical borings are expected for this project. • 4 copies of the wall design package will be delivered in 11" x 17" format. DELIVERABLES A. Wall Design Package City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 6 ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION TASK 3. TEMPORARY EQUIPMENT SUPPORT STRUCTURE. Support Structure plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the support structure design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • Preliminary Design • Tangent pile design • Equipment Support Structure • Coordination with HM for equipment configuration. • Structure Details. • Technical Review and internal quality control. ASSUMPTIONS • 4 copies of the wall design package will be delivered in 11" x 17" format. DELIVERABLES A. Temporary Equipment Support Structure Design. TASK 4. HYDRAULIC ANALYSIS. Hydraulic analysis shall be submitted to CITY per the approved Project Schedule. 4.1. Determine scour depth and river heights 4.2. Verify pier depth to protect wall when overtopped. 4.3. Assist City in permitting process with USACE. DELIVERABLES A. 4 copies of the Hydraulic Analysis. TASK 5. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site (up to 3) at requested intervals as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review submittals and make recommendations as to the acceptability of the work. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 6 ATTACHMENT A DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION • Assist contractor in material selection. • Attend a Final Punch list walk-through. ASSUMPTIONS • 2 RFI's • 10 Shop Drawings • 1 Change Order DELIVERABLES A. Response to Contractor's Request for Information C. Preparation of Change Order D. Review of shop drawings E. Final Punch List items City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 6 ATTACHMENT DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION 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 pre-qualification, advertising, bid openings and protests, bid rejection and re-bidding of the contract for construction, or any disputes thereof • Construction management and inspection services • Design phase public meetings • Performance of materials testing or specialty testing services • Services necessary due to the default of the Contractor • Services related to damages caused by fire, flood, earthquake or other acts of God • Services related to warranty claims, enforcement and inspection after final completion • Services related to submitting for permits (i.e. TxDOT, railroad, etc.) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY • Preparation of Environmental Permitting • Review of additional shop drawings and preparation of additional change orders Performance of miscellaneous and supplemental services related to the project as requested by the City City of Fort Worth,Texas Attachment A PMO Release Date:D8.1.2014 Page 6 of 6 ATTACHMENT B COMPENSATION Design Services for Twin 90-Inch Emergency Bank Stabilization Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $258,140 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 It - Method of Payment. IL 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 Freese and Nichols, Wall Design, Temporary $258,140.00 100.00 Inc. Movable Support Design, Hydraulic Analysis and Construction Phase Services Proposed MBE/SBE Sub-Consultants (N/A) Non-MBE/SBE Consultants (N/A) TOTAL $ 258,140.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE Twin 90-Inch Emergency Bank $ 258,140.00 $ 0.00 0.00 % Stabilization City MBE/SBE Goal = N/A % Consultant Committed Goal = N/A % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 !;_■: !- ;;_ �;;� - •/ as ag= e ; a ea ,w 51 : |QOQQ : . . .. .. . . ` � .. I !®!!!;; |; §,;.. � . ... . 2}\\\ /\[. . :`! a [ )! _ r Sk; �._; In 55� - T11 k; ; @ C; A�2! Q / :\! = yiQQg6 22 \A!! gg$y ©© \ ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Twin 90-Inch Emergency Bank Stabilization None. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE Due to the emergency nature of this project, there is not a defined schedule. Design effort will proceed immediately upon receipt of required information (soil data, contractor's equipment specifications, previous surveys, etc.). Communication between ENGINEER and CITY, CITY'S consultants and contractors, will be made weekly to discuss status of design and requests for any additional information required to complete the design. Project meetings will be held bi-weekly, or more often as needed, to ensure project design is progressing as expeditiously as possible. City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 Attachment E Sanders St at Trinity River West Fork e Y„ 61 , • +� Begin Project - • L *? End Project w w Project Location N«I' Sanders St at Trinity River ' Moody MIS Rkhlend Hills ® West Fork Richland Hills Hwom City O Fort Worth m FORT WORTH; ! n,srouMr rtop, raill'RNIRCHOLS, INTEROFFICE MEMO Date: October 28, 2019 To: Dana Burghdoff, Interim Assistant City Manager Doug Black, Senior Assistant City Attorney Cynthia Garcia, Assistant Director, Purchasing From: Chris Harder, P.E., Water Director Subject: SUPPLEMENT TO 10-17-2018 MEMORANDUMICITY SECRETARY CONTRACT NO. 51521 AND ADDITIONAL DESIGN FOR TRINITY RIVER STREAMBANK EROSION AFFECTING TWO 90-INCH SANITARY SEWER LINES—EMERGENCY RESPONSE Due to several significant erosion events along the river bank of the Trinity River beginning in 2016,the City's two 90-inch diameter sanitary sewer lines are in jeopardy.These pipelines currently convey the majority of the wastewater generated in Fort Worth to the Village Creek Wastewater Treatment Plant and must be protected. Through a series of emergency and competitively procured contracts progress has been made, however the project was further beset by the heavy rainfall in the Spring of 2019, which rendered the project site unsafe for the City's contractor to perform its work. This memorandum provides for the following: 1. Supplement to the October 17, 2018 emergency memorandum in the amount of$350,000 to pay for anticipated additional construction costs now required due to Spring, 2019 heavy rainfall. Humphrey and Morton Construction Company, Inc. ("HMCCI") was engaged under the October 17, 2018 emergency memorandum for the installation of vertical tiebacks and extra depth piers to accommodate previously unknown rock ledge information on the original memorandum. This emergency work was estimated to cost $650,000.00 (CSC 51521). HMCCI is constructing the permanent repairs under CSC 49826.The original design provided for the slope protection measure to be constructed from the toe of the river bank upwards to the top of the bank, but due to the erosion suffered in Spring 2019, there is now insufficient access to the river bank bottom and construction of the slope protection wall must occur from the top.This new construction procedure will require HMCCI to work over the two 90-inch mains which must be protected. This requires construction of a temporary support structure of sufficient strength over the two sewer mains and also strong enough to support the revised drilling technique, for the redesigned vertical walls (secant pile, wall columns and cap at low grade, wall panels and cap at grade). 2. Request authorization for emergency procurement of engineering and construction inspection services with Freese and Nichols, Inc. to provide the necessary structural engineering and design services described above and additional hydraulic analysis, geological design and geotechnical investigation to allow for the revised slope protection wall to be installed by HMCCI.The total cost associated with the emergency design procurement is estimated to be$258,140.00. Waiting to go through normal bidding requirements and the standard process for the execution of an engineering agreement is not in the best interest of the health and safety of the citizens of the City of Fort Worth and to protect city facilities. Chapter 2,Article I. Section 2-9 of the City's Code of Ordinance and Section 252.022 of the Local Government Code exempt from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents; and procurements necessary because of unforeseen damage to public machinery, equipment or property. This memo is submitted to request authorization for emergency procurement services outlined above, at a total cost of approximately$560,000.00.The failure of one or both of the 90-inch pipes will have dire consequences and must be prevented in order to avoid raw wastewater flowing into the Trinity River. A confirming M&C will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: C Recommended: � Chris Harder,Director,Water Department Approved as to form and Legality: IWO� Dougla , Sr.Assistant City Attorney Approve: Cynthd Garcia,Assistant Director,Purchasing Approve: l Dana Burg do f,Int Assistant City Manager