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HomeMy WebLinkAboutContract 56594 CSC No.56594 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Kimley Horn, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Northpointe 24" Water Transmission Main (1\14-1A) ("Project"). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $99,250.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD Revision Date:Sept.1,2021 Page 1 of 9 CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the 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 Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Chris Harder, P.E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Kimley Horn, Inc. Attn: Josh Kercho, Vice President 801 Cherry Street, Suite 1300, Unit 11 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021 , 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:Sept.1,2021 Page 8 of 9 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 CONSULTANT Kimley Horn, Inc. a`a&�4 2IWe Dana r 202114.50 �]• �. ` 1 Dana Burghdoff John, Atkins, P.E. Assistant City Manager Vice President Nov 3,2021 Date: Date: ATTEST: �p0 FORT�a� ��.o° o�� p�o ° gild �Vo °_� Ronald P. Gonzales �� ,�o o Acting City Secretary d� °°OO°°°°°°° a ����FXA`roaap APPROVAL RECOMMENDED: By. tophel Hard (Oct25,202112:10 CDT) Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY B .1-k(N-3,202113:02CDT) M&C: 21-0826 (FUNDING) Y Douglas W Black Date: October 19, 2021 Sr. Assistant City Attorney Form 1295: N/A Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 4�Lc�. Suzanne Abbe, P.E. Project Manager OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SECRETARY Revision Date:Sept.1,2021 Page 9 of 9 FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 ATTACHMENT A Scope for Construction Phase Related Services for Water and/or Sanitary Sewer Improvements CONSTRUCTION PHASE SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN (N4-1A) CITY PROJECT NO.: 103505 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 PROJECT DESCRIPTION: The ENGINEER will assist the City with Bidding and Construction Phase Services for approximately 10,450 linear feet of 24-inch water transmission main through the Northpointe Single-Family Development designed under a separate agreement. The proposed water line will begin at Park Drive and connect to an existing Northside 4 stub-out and continue north and east through the development and end at a dead-end at the intersection of Heritage Trace Boulevard and Old Decatur Road (CR 41074). Task 1. Design Management Task 2. Conceptual Design (NOT USED) Task 3. Preliminary Design (NOT USED) Task 4. Final Design (NOT USED) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. Record Drawings Task 8. Survey and Subsurface Utility Engineering Services (NOT USED) City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 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 • 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 • 0 MWBE reports will be prepared City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 • 0 meetings with city staff • 6 monthly water department progress reports will be prepared • 6 monthly project schedule updates will be prepared DELIVERABLES A. Monthly invoices B. Monthly progress reports C. Baseline design schedule D. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes E. Monthly M/WBE Report Form and Final Summary Payment Report Form TASK 2. CONCEPTUAL DESIGN (30 PERCENT). Conceptual Design will not be included in this scope of services. TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary Design will not be included in this scope of services. TASK 4. FINAL DESIGN (90 PERCENT / 100 PERCENT) Final Design will not be included in this scope of services. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 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 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 BIM 360 in .pdf format. The .pdf will consist of one file of the entire plan set. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM 360 from documents sold and from Contractor's uploaded Plan Holder Registrations in 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 BIM 360 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto 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. • 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 BIM 360. • Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 ASSUMPTIONS • The water line project will be bid only once and awarded to one contractor. • 1 set of construction documents will be sold to and made available on BIM 360 for plan holders and/or given to plan viewing rooms. • 5 sets of 11x17 size and 5 sets of 22x34 size drawings plans and 5 specifications (conformed, if applicable) will be delivered to the CITY. • PDF files will be uploaded to BIM 360. 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 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 public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. • Prepare and distribute Meeting Notes. • On-site Observation • Make up to forty-eight (48) site visits at intervals as directed by CITY in order to observe the progress of the work. Visits will not be more frequent than twice weekly. • Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER'S exercise of professional judgment. Based on information obtained during such visits and such observations, ENGINEER will evaluate City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Work. • The purpose of ENGINEER'S site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this Agreement to ENGINEER, and to provide CITY a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • ENGINEER will prepare a site visit report for each visit performed and distribute to the City project team. • Progress Meetings • Attend monthly progress meetings (up to 6) and visit the site for observation at that time. • Shop drawing, samples and other submittals Review • Review up to thirty (30) shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. • Such review, approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs and shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. • Log all shop drawings, samples and other submittals. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 • Substitutions • Evaluate and determine the acceptability of up to ten (10) substitute or "or-equal" materials proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of the state or the CITY. • Request for information (RFI): • Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work for up to four (4) RFI's. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. • Change Orders • Provide support for up to one (1) Change Order as requested by the CITY. Change Order support may include review and recommendations to the CITY for the execution of change orders. • Materials Testing Report Review • Review City provided materials testing reports throughout the course of construction and provide feedback to the City whether testing meets the minimum requirements of the Construction Contract. • Final PROJECT Walk Through • Attend the "Final" PROJECT Part walk through and assist with preparation of final punch list. Attend one (1) final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents. • ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. ASSUMPTIONS • 4 RFI's are assumed. • 1 Change Orders are assumed DELIVERABLES A. Public meeting exhibits B. Construction Site Observation Reports (up to 24) City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 B. Response to Contractor's Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 TASK 7. RECORD DRAWINGS. ENGINEER will provide the following for record drawings and project closeout: 7.1 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. ASSUMPTIONS • One copy of full size (22"x34") mylars will be delivered to the CITY. DELIVERABLES A. Record Drawings on Mylar B. PDF Record Drawings files will be uploaded to BIM 360. C. GIS shapefiles will be provided to the City in .shp format. D. Approved Pipe Shop Drawings. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. Survey and Subsurface Utility Engineering Services will not be included in this scope of services. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 11 ATTACHMENT A DESIGN SERVICES FOR NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN(N4-1A) CITY PROJECT NO.:103505 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 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 11 of 11 ATTACHMENT B COMPENSATION Design Services for Northpointe 24-Inch Water Transmission Main (N4-1A) City Project No. 103505 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $99,250 as summarized in Exhibit B-1 — Level of Effort Spreadsheet, Exhibit B-2 — 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. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Total Fee % Prime Consultant Kimley-Horn and Associates, Inc. Bidding and Construction Phase $99,250 100% Services Proposed SBE Sub-Consultants Non-SBE Consultants TOTAL $99,250 100% Project Number & Name Total Fee M/WBE Fee M/WBE % Northpointe 24-Inch Water Transmission Main (N4-1A) $99,250 $0 NA City MBE/SBE Goal = NA Consultant Committed Goal = NA N N O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O R O O U3 M U3 U3 M U3 U3 M U3 U3 O O O O O O O U3 Y'1 O O O�U3 U3 O O O O O O O U3 O U3 d H Y'1 Lo c fA U3 V H Y R F O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O � M U3 U3 M U3 U3 M U3 U3 M U3 U3 M U3 U3 U3 U3 U3 U3 U3 ^ U3 U3 O N fA U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 U3 R c w o H x U Lu 0 0 0 0 0 0 0 0 � V Boa aw w LL Y R C r W c O � � o � z H W » » » » » » a � Z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O a rn rn rn rnco o c J VI Y'1 U3 U3 U3 U3 V f� W V M M N N I� M U3 U3 U3 fp U3 U3 �U3 U3 U3 U3 U3 U3 U3 U3 U3 •(Q (o M fA U3 c O y r RZ 0 O O O O V O C ' o O L 0, Y w O 5- o ❑ scow i LZ ❑ m Oco � d X W � �� •O O O O O � �N O N�� N N� �� N(O(O N O O W O H o = s a, w > coE (j 'o t Y'1 O O O N O O N N V N co(O M M(O O O J � � `••' M N M N N c a a w c R y J O C a w O s L w � O o c Z a � 0 0 0 0 0 0 w � 'o a` o T Y N a � 0 x E c o 0 w Q o. 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E § § ) t e &. k �k (\)) \ EN As § m 2 $ ) \ }a / E §o R §0 x z \ ) \ \ / Cl) m ; ; � � ] § kR ?! _ & m �a {\2 - § / �}/.. a § ; -\yak.200 2 20 k �2E0 CL CLaJLLuz z \;ƒtea\ \ N O N M m y O O O O O u O O O O O m O O Ln O O m LT LT r, n O bD Ln -zil r- Ln Ln O ri lD m E v LY Qj O C C N 7 7 O � i a v u in- Z o 0 0 0 0 0 0 0 0 O O O O O O O O O O Z u O O O O O O O O O Q O O O O O O O O O C O C U Z a O u N a N Ln c U N M E N Z O ¢ m O < v H Z H Z a m W = J W (.7 0 a WC Q^ O O O O O (/� V �• m In i�-I` � In In Z U Fa T o W 00 Z Ln O ala x �- � � w o = Z v O O O O O O O O O O Y Ln I- Ln Ln O � � J C U N U C C N U N N N U Lto LU t > (l5 0 0 Ln c _ C N Lnru N aoLnto N C W C UU i O i .- O 0) C) U 0- LL 00 U CC Ln Q rl PV m :Zr Ln LD r- w m -ld -�e -ld -�e _ie -�e _ie --le Vf Vf Vf Vf Vf Vf Vf Vf N ru LO ru LO ru LO ru LO m F- F- F-I F- ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Northpointe 24-Inch Water Transmission Main (N4-1A) City Project No. 103505 No modifications to the Standard Agreement are necessary for this project. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 N V a) 0 N O Z N O LU as r N W U U) I-- U') UC) wm O N � 7 0 Q z Q oz o- r) cu � � } N 0 N Z 0 W cn 75 = .� N N CO N fn CO m O "T U cu o ooNo cu w mm Q i OH a) (n cu Q > � � N cnN N N M Q0 O O i U co m M cn Z) Z) N 00 H Q V C 7cu O Q 70 i O _� �5 flY U a) v) � � aca S z a� u0i a�i (D Q ca E '0 -' .- o 0 Y m < mUU NORTHPOINTE 24-INCH WATER TRANSMISSION MAIN (N4-1A) ATTACHMENT E — PROJECT LOCATION MAP N Legend �_'' Proposed Water Line FFMA Floodplain r r 5 o j HERITAGE TRACE BLVD dQ �o OWN 40 qT f � r,1 ip W BAILEY gOSWELt RD FORT WORT Attachment F Certificate of Insurance City of Fort Worth, Texas Mayor and Council Communication DATE: 10/19/21 M&C FILE NUMBER: M&C 21-0826 LOG NAME: 60NP24INWM-KHAFUNDING-SJLOUIS SUBJECT (CD 7 and FW ETJ)Authorize Execution of a Contract with SJ Louis Construction of Texas, Ltd.in the Amount of$3,940,000.43 for the Northpointe 24-inch Water Transmission Main(N4-1A)Project, Provide for Total Project Cost in the Amount of$4,501,025.00,Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt,and Adopt Attached Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with SJ Louis Construction of Texas, Ltd.in the amount of$3,940,000.43 for the Northpointe 24-inch Water Transmission Main(N4-1A)project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for the Northpointe 24-inch Water Transmission Main project;and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the Water and Sewer Commercial Paper Fund in the amount of$4,501,025.00 in the Northpointe 24-inch Water Transmission Main(N4-1A)project(City Project No. 103505)and decreasing appropriations in the Unspecified project(City Project No. UNSPEC)by the same amount. DISCUSSION: This Mayor and Council Communication(M&C)is to authorize a construction contract and appropriate funding for the Northpointe 24-inch Water Transmission Main(N4-1A)project. Construction of the project was advertised for bid on August 19,2021 and August 26,2021 in the Fort Worth Star-Telegram.On September 9, 2021,the following bids were received: Bidder Base Bid lContract Time Canary Construction, Inc.* $3,467,536.00 270 ��Ouis Y Construction of Texas, Ltd $3,940,000.43 Da s Calendar Circle C Construction Co. $4,707,036.00 Reyes Group Ltd. $5,043,858.75 Western Municipal Construction of F26,145.30 Texas,LLC *Subsequent to receipt of bids,Canary Construction, Inc.contacted the City and requested to withdraw its bid due to subsequently discovered unit cost bid errors. Funding in the amount of$99,250.00 is also provided for a professional services agreement with Kimley-Horn&Associates, Inc,for construction phase services for the Northpointe 24-inch Water Transmission Main (N4-1A)project. In addition to the contract costs,$304,174.00 is required for project management,utility coordination,and material testing and$157,600.57 is provided for project contingencies. 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 authority authorized under the Callable Commercial Paper Program(CP)will be used to provide interim financing for this project until debt is issued.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. Under federal law,debt must be issued within approximately three years in order for these expenses to be reimbursable.Adoption of the attached resolution does not obligate the City to sell bonds, but preserves the ability of the City to reimburse itself from tax-exempt bond proceeds. Appropriations for the Northpointe 24"Water Transmission Main(N4-1 A)project are as depicted below: Fund Existing Additional project Total* Appropriations Appropriations Water&Sewer Commercial Paper $0.00 $4,501,025.00$4,501,025.00 IlFund-56020 II I IOI Project Total .00$0 $4,501,025.00 $4,501,025.00 *Numbers rounded for presentation purposes. This project will have no impact on the Water Department's operating budget when completed. Business Equity: SJ Louis Construction of Texas Ltd.is in compliance with City's Business Equity Ordinance by committing to 17 percent MWBE participation on this project.The City's MWBE goal on this project is 17 percent. The project is located in COUNCIL DISTRICT 7 and FW ETJ. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSPEC project within the W&S Commercial Paper Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance,funds will be available in the W&S Commercial Paper Fund for the NS IV 24"Water Main PH 1A(Northpointe)project to support the approval of the above recommendations and execution of the contract. Prior to an expenditure being incurred,the Water Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Chris Harder 5020 Additional Information Contact: Suzanne Abbe 8209 c o 0 E c U N v „ m cO Q1 0 ..0 _Y Y � � 7 N � aua, c3v C Ol •U J J N C C N - — U U a a V) Ln 0 0 m n o 0 0 0 m m 0o vLnoo0o00 Ln Ln ooawC) w ov O O O LO N a O Lrj On •-4 1-1 O � Ql O m ei -;t m a) - i/?V� N in. J). eW Ln Ln ii -1 v m in in mmmmmmmm 00 mmmmmmmm 0 0 0 0 0 -;t 't Ln 00 00 00 00 00 00 00 00 n n n n n n n n O O O O O O O O O O O O O O O O U Ln Ln Ln Ln Ln Ln Ln In Ln W O O O O O O O O O a Ln Ln Ln Ln Ln Ln Ln Ln Ln N m m m m m m m m m z o 0 0 0 0 0 0 0 0 v A O O O ri ri O O c) c- O a) O O CD Ln O ooLnHC) Lnm + 0 0 0 0 0 m 0 0 Ln m m H Ln 5 r" n m u) u) m m Ln Ln Ln Ln Ln Ln Ln Ln Ln O cn mm mmmm m m m m 0 0 0 0 0 0 0 0 0 0 0 o O O O O O O O o 0 0 0 0 0 0 0 0 0 0 O o O O O O O o 0 0 mmmm m m m m m m Ln Ln m m m Ln Ln Ln Ln m eq N b '