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HomeMy WebLinkAboutContract 54569 CSC No. 54569 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR 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: Resident Engineering and Construction Inspection Services for the Village Creek Water Reclamation Facility Grit Facility & South Influent Pump Station and the Thickening Process Improvements Projects, Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Resident Engineering and Construction Inspection Services for the Village Creek Water Reclamation Facility Grit Facility & South Influent Pump Station and the Thickening Process Improvements Projects. (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 it Compensation Consultant shall be compensated an amount up to $1,117,000.00 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". The Consultant shall provide monthly 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 VIII herein, this Agreement shall be for a term beginning on 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. City of Fort'Ncrth Texas OFFICIAL RECORD Standard Agreement for Professional Services Rovicbn Dato 11 0717 Page 1 of CITY SECRETARY FT. WORTH, TX 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 City of Fort Worth,Texas Standard Agreement for Professtonal Services Re,As an Date:11.07 7 Page 2 of 8 an additional insured under its liability policies. 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 attached to this Agreement prior to its execution. 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 altemative coverage. g. Workers' compensation insurance pollcy(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 Standard Agreement for Professional Services Revison Date.11.07-7 Page 3 of 6 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 Vll 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 a Fort Worth,Texas Standard Agreement for Professional Services Rem s on Date:11.07'7 Page 4 of 6 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 alkla 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. 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 Agreement and the work hereunder, and shall observe and comply with all orders, laws City of Fort Wcrth Texas Slandard Agreement for Professional Services RevRioo Dade 11 07.17 Page 5 of a 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 complefing 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 iaws 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 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 City of Fort Worth,Texas Standard Agreement for Professlonal Services Rev&on Date 1107 7 Page 6 of 8 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: Chris Harder, P. E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant; Freese and Nichols, Inc. Attn: Chris Jones, 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 Article XIX Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City cr Fort Worth,Texas Standard Agreement for Professional SerAws Revs cn Date-11 07'7 Page 7 c f 8 The following attachments and schedules are hereby made a part of this Agreement) Attachment A- Scope of Services Attachment B—Compensation Du y 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 CONSULTAN Dana Burandaff Frees d cho , Dana Burghdoff ep29,202017:32 CDT) Dana Burghdoff Assistant City Manager Chris nes 101. E. Date: Sep 29, 2020 Vice President Date: 9 /7' 4-2 APPROVAL RECOMMENDED: Ch� Hord r Christopher Harder(Sep 28,202007:38 CDT) By: Chris 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 ensur ng all performance and reporting requirements. Form1295 No. 2020- 647682 09/18/2020 M&C No.:20-0673 Farida Goderya,P E. 4vnup Senior Project Manager MSC Date: September 15s 2020 �bF4 Fonr��Z� , o o . °°s►°d APPROVED AS TO FORM AND LEGALITY onoo o =o ATTEST: o�*000 *X, 0000000 DBlack(Sep 9,202017:31CDT) ���0`1GI C70�tZ,�L21' ����nEXASo4p By: 'for Ronald P.Gonzales(Sep 30,2020 08:41 CDT) Douglas W. Black Mary J. Kayser Senior Assistant City Attorney City Secretary City afFartWbrlh.Tens OFFICIAL RECORD 5landardAgroemenl for Pr fessione Services ReviWan Onto 11.0717 CITY SECRETARY Pago 8 018 FT. WORTH, TX ATTACHMENT CONSTRUCTION PHASE SERVICES FOR VILLAGE CREEK WWTP 01PROVENENTS CITY PROJECT NO 100075 S C42Ed7 ATTACHMENT A Scope for Construction Phase Services Related Services for the Village Creek WyffP Improvements CONSTRUCTION PHASE SERVICES FOR THE VILLAGE CREEK WWTP IMPROVEMENTS CITY PROJECT N0.: 100075 & CO2647 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 6, Construction Phase Services for 24-months Freese and Nichols, Inc. (FNI) will staff the Grit Removal and Thickening Facility projects as follows (reference attached staffing graphic): • Part-time Resident Engineer (RE) -- RE will provide the Work described herein for both projects. Part-time Is defined as follows; o 20 hours per week for the months 1-2 for the startup of both construction contracts. o 10 hours per week average for months 3-22 months o 24 hours per month for months 23-24 for the closeout and commission of the projects. o These hours will be divided between the Grit Removal and Thickening projects (1270 total hours) • Full-time Resident Project Representative (RPR#1 - FNI) for Grit Removal Facility and Thickening on-going concurrent projects for 24 months o 40 hours for the months 1-2 `or the startup of both construction contracts o 45 hours per month for months 3-6 (for both projects) o 40 hours for months 7-12 (for Grit Removal project) o 45 hours per month for months 13-24 (for both projects) o Hours during Months 1-4 & 13-24 will be split between the two projects (2773 total hours for Grit Removal/1733 total hours for Thickening Facility). • Full-time RPR#2 - FosterCM on the Thickening Facility project for high capacity contractor production period Average of 40 hours per week for months 7-12 for the Thickening Facility (1040 total hours) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the projects as follows. 6.3 Construction Support City cf Fbrt'Abrt F Teyes A t'ach Ire nt A,P MO Release Date ca 0 120'4 Page IDto A-TACHME+IT A DESIGN SEIMCE6 FOR VILME CREEK WWTP(MPROVELIVITS CITY PROJECT NO.:109D75&CO2647 Resident Engineer _��_ For the 24-month construction phase of the Village Creek WWTP Improvements (defined as the Grit Removal Fac lity and Thickening Facility), FNI proposes to provide a Resident Engineer(RE) on a part-time basis for the construction duration for the Grit Removal and Thickening Facility projects. The RE hours per week will be split between the projects per the attached summary of hours and consist of providing the follow services: • Assist Client in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. Prepare meeting minutes and circulate and post to all parties of the meeting(s). • Assist/Facilitate monthly construction progress project(s)meetings with the City and the Contractor to discuss in general the progress of the project and the planned act vities for the forthcoming month. Circulate and post meeting minutes to all parties of the meetings. • Assist the City Project Manager, Engineer(s) of Record in coordinating various construction activities with Contractor(s), internal City Staff and Operations Staff. • Establish communication procedures with the Client and contractor. Submit monthly reports of construction progress. Reports will describe construction progress in general terms and summarize project costs; cash flow, construction schedule and pending and approved contract modifications. • Interpret the drawings and specifications for Client and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by Client, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. RE will coordinate as necessary with project EORs when necessary for interpretation on the EOR's behalf • Establish procedures for administering constructive changes to the construction contracts includ ng coordinating EOR's involvement in this process. Process contract modifications and negotiate with the contractor on behalf of the Client to determine the cost and time impacts of these changes Prepare change order documentation for approved changes for execution by the Client. Documentation of field orders, where cost to Client is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Cl ent are an additional service. Substitutions of materials or equipment or design modifications requested by the Client are an additional service. City of Fort worth,Texas Attachmenl A,PMO Release Date*08 01 2014. Adapted and Prepared 0 711 8/20 20 Page 2 of 6 ATTACHMENTA DESIGN SERVICES FOR VILLAGE GREEKtANTP IMPROVEMENTS CITY PROJECT NO.:100075 9 CE2647 • Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information subm tted by the contractor or available in project documentation. Endeavor to negotiate a settlement value witn the Contractor on behalf of the Client if appropriate, Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. • Conduct, in company with Client's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents, Resident Project Representative (RPR) For the construction phase of the Village Creek VWVTP Improvements, FNI proposes to provide an FNI RPR on a full-time basis for the total duration of the Grit Remova and Thickening Facility projects. A second full-time FosterCM RPR will be provided for a period of 8 months to assist in high contractor production times. The RPR hours consist of providing the follow services. • RPR will act as the ClienYEngineer agent at the site and be supervised by the RE. • Assist in the review of contractor(s) baseline schedule(s), schedule of values and submittal schedule and consult with Engineer concerning acceptability. • Attend the pre-construction meeting and regularly scheduled construction progress meetings. Assist RE in serving as liaison between the Contractor and Client/Engineer • Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor's submittals and provide for filing and retrieva' of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. RE will work in the CITY'S BIM360 PMIS to coordinate the review of the CONTRACTOR submittals. RPR will route submittals to the appropriate reviewer making sure that all reviews on conducted and all comments are integrated into the submittal. Upon completion of the submittal review, the RPR will finalize the review and route the approved/or rejected submittal Cily of Fort worth,Texas Allachment A,PMO Release Date 08 01 2014 Adapted and Prepared 07A 812020 Page 3of6 ATTACHMERTA DESIGN SERVICES FOR VILLAGE CREEKWWTP IMPROVE MENTS CITY PROJECT NO.:100075&CO2647 back to the CONTRACTOR for their action. Approved submittals will be logged in the CITY'S BIM 360 PMIS accordingly. • Confirm that shop drawings/submittals are submitted/approved before any work requiring shop drawing approval progresses. • Assist the RE when clarifications/interpretations of the CDs are needed and transmit to the Contractor any clarifications/interpretations. • Assist the RE in the consideration and evaluation of Contractor initiated changes to the CDs and draft change orders, field orders or written amendments to be executed and made part of the CDs. • Report to Client, RE and Engineer immediately the occurrence of any accidents at the site. • Review application for payment submitted by the contractor for compliance with the established procedure and forward with recommendations to the RE for processing and signatures noting particularly the relationship of the payment request to the schedule of values, Work completed and materials/equipment at the site but not incorporated in the Work. • Before Substantial Completion, submit to the contractor a list of observed items requiring completion or correction. • Conduct, in the presence of the Client and Contractor, a final inspection and prepare a list of'terns noted that require correction. • Observe whether all items listed for correction are corrected and make recommendation to the Client/Engineer concerning final acceptance of the Work • Conduct on-site investigations of the Work in progress to determine if the Work is in general conformance with the Contract Documents (CO) o Report to the RE any Work that the RPR believes does not comply with the CDs or any test reports that indicate materials do not meet the slaecfied requirements o Verify that tests, equipmentisystem start-ups and training are conducted in the presence of appropriate personnel o Accompany visiting inspectors representing the Owner or other agencies having jurisdiction over the project and record the results of these inspections • Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings. City of Fort Worlh,Tens Attachment A,PMO Release bete:00-01 2014, Adapled and Prepared 07/18/2020 Page 4 of 6 ATTACHMENT DESIGN SERVICES FOR VILLAGE CREEK WWTP IMPROVEMENTS CITY PROJECT NO,:100075&CO2047 • Furnish daily construction reports of the progress of the Work and upload these reports in the City of Fort Worth Autodesk BIM 360 system. • Payments Requests: Review Applications for Payment with Contractor noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. • Limitations of the RPR o Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or-equal" items), unless authorized by Engineer. o Shall not exceed limitations of Engineer's authority as set forth in Agreement or the Contract Documents. o Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers, or Contractor's superintendent. o Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directtons are specifically required by the Contract Documents. o Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Client or Contractor. o Shall not accept shop drawing or sample submittals from anyone other than the Contractor. o Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by Engineer. ASSUMPTIONS • The Grit Removal Facility and Thickening Facility projects will both have NTPs in early August 2020 and both construction durations will be for 24 months • EORs to provide FNI construction staff with one full size drawing set for each project and three half size sets of drawings for each project. Three specifications books also provided by the FOR for each project. • City has a construction trailer included in one of the first two projects (Grit Facility or Thickening Facility) for the FNI construction staff OR City will provide offices at the VCWRF for FNI construction staff(two people). Construction trailers, if provided will include copier/scanner/printer capable of printing both 8.5x11 and 11 x17 prints. • FNI will be allowed to charge effort for services provided in relation to pre- construction meetings and submittal act vities prior to the effective date of this contract. fitly of Fart Worth,Texas Alinhment A,PMO Release Date.00 012014, Adap'sd and Propared 071W2020 Page 5 of 6 ATTACHMENT A DESIGN SF WMES FOR VILLAGE CREEK MITP IMPROVEMENTS CITY PROJECT NO.:100075&CO2647 ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services—CITY and FNI agree that the following services are beyond the Scope of Services described in the tasks above. However, FNI can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the FNI because of any material change to the Scope of the Project sha I be agreed upon in writing by both parties before the services are performed. These additional services include the following. • Services beyond the durations of the assumed construction schedules noted within. • 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 Survey Construction Stak ng • Services to support, prepare, document, b-ing defend, or assist in litigation undertaken or defended by the CITY. Ciry el Fort Worth,Texas Attachment A,PMO Release Dole;08,01,2014, Adapted and Prepared 071IW2020 Page aof6 Al TAC►AMEN i 13 Overal Summary VCWRF Resident Engineering and Inspection Seryces Owing Constructlon Village Creek Water Reclamation Facility (VCWRF) VCWRF Resident Engineering & Inspection Services During Construction (REBISDC) VCWRF Grit Removal Facility CPN 100075 $560,446 VCWRF Thickening Facilily CPN CO2847 $566,654 Total ; 7 e # ¥ ;w@ $a ., 2 g .m� ` a @ §� # ■ � j ■q gag a °■as q ¢,�§ Ada ■S. §; � | � aH a R8m a«A mmKa f BS S S#B a# . . k 2 a Saa aaa -a - as=Q a@a gas A Ell s■�_°a 2 «■ a§!§ , f �$ ! a ea2 2 I.Ai 2 , 2S ;s9 7k■ a # I _a ;■aa ) I§ � q � ■E � mm■■ © . m , §§� �J q51 S kas 2© a■ ( a,§� , � a,0_ . / ■� � � m in ! ■ . � � §§ 7$ 0 g - � ■ ' '. ■ �_ ° ° \ # . 2 { ab m �� . . , , 2 | ! { , @ . z � . ■ &cd � � � �l J , ! • ! 2 $ \: §) J�� $ "3 Si fs 8Sa $Sabi S6�aSb1 3 a8N1a $la B 86 a n� All lag G NN M ww �Ig E y « as, ai sms a a 251 $� Nea a . Si »» EEE �I Y'f� I N ~ N(A F pp M aNeM w a21a3 Will z 1 C N N of � ' s gaaa 9 M abt a am as ll t' r r N OR8 le WS 9 lag q8 s� a a aaa aaaSao as U x 61 •A ti � � � N i�� N '0 w �N a � m ilz° eeee 110 N ea W0 ell E O � � ete'o� e al I eoo n e i e in a a a o e a N 3 A IS �II 16 All Q eiral ►V nlhN 1�1�►� r Iffid. m�101f�b10 �'IY I .d Lq- IN City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 15, 2020 REFERENCE NO.: **M&C 20-0673 LOG NAME: 60VCWRF GRIT AND THICKENING RPR-FNI SUBJECT: (CD 5)Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount of$1,117,000.00, for Resident Engineering and Construction Inspection Services for the Village Creek Water Reclamation Facility Grit Facility&South Influent Pump Station and the Thickening Process Improvements Projects Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a professional services agreement with Freese and Nichols, Inc., in the amount of S1,117,000.00 for resident engineering and construction inspection services for two projects Village Creek Water Reclamation Facil ty Grit Facility&South Influent Pump Station in the amount of$550,172.00 and Village Creek Water Reclamation FacilityThickening Process Improvements in the amount of$566,828.00; 2. Adopt the attached Resolution Expressing Official Intent to reimburse expenditures with proceeds from future debt for the Village Creek Water Reclamation Facility and Thickening Process Improvements projects; 3. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water& Sewer Commercial Paper fund by increasing appropriations in the Village Creek Water Reclamation Facility Grit Facility& South Influent Pump Station project(City Project No. 100075) in the amount of $620,172.00 and decreasing appropriations in the Unspecified project by the same amount;and 4. Adopt the attached Appropriation Ordinance adjusting appropriations in the Water& Sewer Commercial Paper Fund by increasing appropriations in the Village Creek Water Reclamation Facility Thickening Process Improvements project(City Project No. CO2647) In the amount of $636,828.00 and decreasing appropriations in the Unspecified project(City Project No. UNSPEC) by the same amount. DISCUSSION: The Village Creek Water Reclamation Facility(VCWRF)is a 166 million gallons per day(MGD) plant_ comprised of primary, secondary and tertiary treatment, chlorine disinfection and de-chlorination. The VCWRF produces anaerobically digested biosolids, processed at the Biosolids Dewatering and Processing Facility. On May 19, 2020 Mayor and Council Communication (M&C)20-0346, the City Council authorized a construction contract with Crescent Constructors, Inc. (City Secretary No. (CS No.) 54099), and Engineering Amendment No. 4 to CS No.49049 with CDM Smith, Inc., for the VCWRF grit removal project. On June 23, 2020 (M&C 20-0464),the City Council authorized a construction contract with Eagle Contracting, LP(CS No. 54148), and Amendment No. 1 to CS No. 49500 with Freese & Nichols, Inc. for the VCWRF s udge thickening improvements project. As both of these large contracts are starting construction at approximately the same time, with a third construction project(South Influent Lift Station)to follow at the treatment plant, it was decided to combine the resident engineering and construction Inspection of these projects into one contract for overall inspection control and project efficiencies.A Request for Qua'Ification (RFQ) for the three construction projects was requested from interested engineering firms in April 2020, and Freese& Nichols, Inc. ("FNI')was selected. As part of this contract, FNI will perform construction inspection services, by providing a part time Resident Engineer(RE) and full time Resident Project Representative (RPR) for two of the three construction projects as the third project has not been advertised for bid. The agreement is expected to be amended in the future to include the third project. In addition to the contract cost, $140,000.00 (City Project No. 100075: $70,000.00; City Project No. CO2647 $70,000.00) is required for project management and inspection by City staff. Funding for the VCWRF Grit Facility& South Influent Pump Station and VCWRF Thickening Process Improvements projects are depicted respectively below Fund Existing Additional Project Total* Appropriations Appropriations Water&Sewer _ Bon d 2017A $1,870,965.00 $0.00 0 $1,870,965.00 Fund 56011 S Capital roject 2019 $1,035,755.00 $0.00 $1,035,755.00 Fund 56016 Water& Sewer Bond 2020A- $27,552,151.00 $0.00 $27,552,151.00 Fund 56017 W&S Commercial Paper- Fund $0.00 $620,171M $620,172.00 56019 _ 11 Project Total $30,458,871.00 $620,172.00 $31,079,043.00 Fund Existing Additional Project Total* Appropriations Appropriations Water& Sewer Bond 2015A - $315,113,00 $0.00 $315,113.00 Fund 56007 Water& Sewer Bond 2017A- $2,109,500.00 $0.00 $2,109,500.00 Fund 56011 W&S Commercial Paper- Fund $19,146,407.00 $636,828.00 $19,783,235.00 56019 _ Project Total $21,571,020.00 $636,828.00 $22,207,848.00 *Numbers rounded for presentation purposes. This project is anticipated to be included in a future revenue bond issue for the Water&Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation autho•ity authorized under the Callable Commercial Program (CP)will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water& Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio(currently approximately 2.3 percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source,another funding source will be required, which could mean issuance of securities under the CP h11n-//anne rrixrnPi -ian7iri 'M%1 Mfnrint-triipRirinrTvmP-T>rint o!t A.nn,) 1 Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council approved the Water Department's Fiscal Year 2020-2024 Five-Year Capital Improvement Plan on September 17, 2019.This City Council approved plan includes this specific project,with funding identified through the CP program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, staff anticipates presenting revenue- supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to ne made whole through other budgetary methods.Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. MWBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's SIDE Ordinance by committing to 13 percent SSE participation on this project. The City's goal on this project is 13 percent. The projects are located in COUNCIL DISTRICT 5 and serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Commercial Paper fund for the VCWRF VCWRF Grit Fac&S Influent PS and the VCWRF Thickener Process Improv projects to support the execution of the professional services contract. Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS(FIDs): TO r _ _Funpartments ccoun Project Program c ivity Budget Reference# moun ID ' ID — _ -: — Year (Chartfield 2) FROM Fund Department ccoun Project Progra ctivity Budget Reference# moun IDi ID Year (Chartfield 2� tl CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Farida Goderya (8214) ATTACHMENTS 1. 60VCWRF GRIT AND THICKENING RPR-FNI Compliance Memo.pdf (CFW Internal) 2. 60VCWRF GRIT AND THICKENING RPR-FNI Form 1295.1)df (CFW Intemal) 3. 60VCWRF GRIT AND THICKENING RPR-FNI funds avail.docx (CFW Intemal) 4. 60VCWRF GRIT AND THICKENING RPR-FNI Reimb Resolution (NN 08.03.20).docx (Public) 5. 60VCWRF GRIT AND THICKENING RPR-FNI SAM.pdf (CFW Intemal) 6. 60VCWRF GRIT AND THICKENING RPR-FNI 56019 A020(R3).docx (Public) 7. 60VCWRF GRIT AND THICKENING RPR-FNI 56019 A020(R4).docx (Public) 8. 60VCWRF GRIT AND THICKENING RPR-FNI FID Table Updated.xlsx (CFW Internal) 9. M &C Map-60VCWRFGRITANDTHICKENINGRPR-FNI.Pdf (Public) htto://anus.cfw:ict.orz/ccouncilhyrintmc.asn?id- 28242&print—true&DocTvnc—Print 9/1 Gl202Q X X x 3 C O O. L I � 7 a C: 3 E L LL �II W{ `J^ V L p m�N �I LL w1 U r hi t �II LL° ai - X O @ a v m ' cor W w .y - - - > > - - Iq C1 - 0 0 L o �1 a 2 L � — V u w Q Q. a) LL LL ON1111 � I� exas City of Fort Worth For:Worth,T ZoOTorth,T xat exas Legislation Details File#: M&C 20-0673 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created, 9/10/2020 In control: CITY COUNCIL On agenda: 9/15/2020 Final action: 9115/2020 Title: (CD 5)Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount of$1,117,000.00,for Resident Engineering and Construction Inspection Services for the Village Creek Water Reclamation Facility Grit Facility&South Influent Pump Station and the Thickening Process Improvements Projects Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinances Sponsors: Indexes: Code sections: Attachments: 1. M&C 20-0673, 2. 60VCWRF GRIT AND THICKENING RPR-FNI Relmb Resolution (NN 08 03 20).pdf, 3. M &C Map-60VCWRFGRITANDTHICKENINGRPR-FNI.pdf, 4. 60VCWRF GRIT AND THICKENING RPR-FNI_56019_AO20(R3).pdf, 5. 60VCWRF GRIT AND THICKENING RPR- FNI 56019_A020(R4).pdf Date Ver.^Action By Action Result 9/15/2020 i CITY COUNCIL Approved City of Fort Worth Page 1 of 1 Printed on 9/17/2020 nnwarad by Lealstar"l'