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HomeMy WebLinkAboutContract 56603 CSC No.56603 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: West Fork Collector Parallel, Phase I —Trinity River Siphon to Walker Branch Connection. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $1 ,291,465.00 as set forth 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. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer 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. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 CITY SECRETARY Page 1 of 15 FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 4 of 15 I. 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 the 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), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer'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 offraud bythe Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 5 of 15 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, orfailure to pay a subcontractor or supplier. CITY City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 10 of 15 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. 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. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 11 of 15 The failure of CITY or ENGINEER 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 ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER 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, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 12 of 15 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, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER 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, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (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. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 14 of 15 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Dana Bu(gk7d,' '- Dana Burghdoff(Nov 4,202117:13 CDT) Dana Burghdoff Assistant City Manager Nicholas Lester, P.E. Nov 4,2021 Vice President Date: p�F fonr��� Date: 11/02/2021 ATTEST: o°° °°.o��d o d /� G ono °o=� 0 Ronald P. Gonzales P °°�` Pd °O°°°°°°° a Acting City Secretary �a���ExaSa�a APPROVAL RECOMMENDED: ,istopherH rder(Nov 3,202114:37 CDT) By. Chris Harder, P.E. Director, Water APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-818544 ow Mov4,202116:55 CDT` By. Douglas W Black M&C No.: 21-0770 Sr. Assistant City Attorney M&C Date: 09/28/2021 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. Pratima Poudyal P.E. Project Manager OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 Page 15 of 15 FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 ATTACHMENT A Scope for Engineerinq Design Related Services for Sanitary Sewer Improvements DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL, PHASE I CITY PROJECT NO.: 103291 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project which is described in general terms below followed by the detailed scope. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. General: West Fork Collector Parallel, Phase I • Design up to 5,000 LF 120-inch FRP pipeline (West Fork Collector Parallel, Phase 1). • Review existing City CCTV and prepare Technical Memorandum for rehabilitation of approximately 10,000 LF of the existing 90-inch sewer mains (Twin 90s), 5,000 LF each. • Design new Flow Transfer Junction Box, adjacent to the existing Walker Branch junction box, to encompass existing Twin 90-inch and proposed 120-inch sewer. • Design of bank protection for unnamed tributary aerial crossing. • Geomorphic analysis of the Trinity River between the Walker Branch junction box and 6000 LF downstream of the effluent structure of the Village Creek Reclamation Water Facility (VCRWF), for a total of 10,500 LF. WORK TO BE PERFORMED: Task 1. Design Management Task 2. Conceptual Design (30%) for West Fork Collector Parallel, Phase I Task 3. Preliminary Design (60%) for West Fork Collector Parallel, Phase I Task 4. Final Design (90%) and Construction Documents (100%) for West Fork Collector Parallel, Phase I Task 5. Bid Phase Services Task 6. ROW/Easement Services Task 7. Survey and Subsurface Utility Engineering (SUE) Services Level A and B Task 8. Condition Assessment (Pipelines) —As Directed by Owner Task 9. Trinity River Geomorphic Study Task 10. Additional Services as Directed by the City Note: Construction Phase Services, including record drawings, under future amendment City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 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. • proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities. • Ensure quality control is practiced in performance of the work. • Communicate internally among team members. • Task and allocate team resources. 1.2. Communications and Reporting • Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Attend internal kickoff meeting with ENGINEER's design staff to confirm and clarify scope. • Conduct up to three (3) design review meetings with the CITY, one at the end of each design submittal phase to review design of the West Fork Collector Parallel, Phase I. • Conduct up to an additional four (4) design meetings with City staff. • Conduct up to three (3) site visits. • Prepare invoices and submit monthly in the format acceptable to the CITY. • Prepare and submit monthly progress reports during the design phase 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 (USACE, etc.) as necessary for the design of the proposed pipeline and provide and obtain information needed to City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 prepare the design. Coordination is not required with TCEQ as the City will be performing a self-review. • With respect to coordination with permitting authorities (USACE, etc.), ENGINEER shall communicate, such that their regulatory requirements are appropriately reflected in the design. ENGINEER shall work with regulatory authorities to obtain approval of the design, 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 • 12 SBE reports will be prepared. • 1 pre-design/kickoff meeting with City staff. • 1 internal kickoff meeting with design staff • Up to 3 design workshops with City staff. • Up to 4 additional meetings with City staff. • 12 monthly internal design meetings. • 3 site visits. • 12 monthly water department progress reports will be prepared. • 12 monthly project schedule updates will be prepared. • City will perform self-review— no coordination required with TCEQ. DELIVERABLES • Meeting summaries with action items. • Monthly invoices. • Monthly progress reports. • Baseline design schedule. • Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes. • Monthly SBE Report Form and Final Summary Payment Report Form. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 2. CONCEPTUAL DESIGN (30%) FOR WEST FORK COLLECTOR PARALLEL, PHASE I. The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to: 2.1 Prepare a Route Memo (to be submitted as a Tech Memo): • Study the project, pipeline route, tie-ins, easement requirements, permit requirements, utility conflicts, cost, schedule impacts, and impacts to proposed land developments. • Identify and develop one route alternative for the 120-inch West Fork Collector Parallel, Phase I. • Present (through the defined deliverables) these alternatives to the CITY. • Recommend the alternative that successfully addresses the design problem. • Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the pipeline as follows. 2.2. Data Collection • In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project, such as Phase II of the West Fork Collector Parallel pipeline. • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to, franchise utilities, City Master Plans, and property ownership as available from the Tax Assessor's office. 2.3. Geotechnical Investigations • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. The Engineer will provide all drilling, sampling, and testing and issue a geotechnical data report (GDR) (refer to Task 3.2). 2.4. Map Book • The ENGINEER will prepare a map book of the final route of the West Fork Collector Parallel, Phase I. 2.5. Strip Map • After the survey is complete, the route will be identified. The ENGINEER will then prepare a strip map of the West Fork Collector Parallel, Phase I alignment. The strip map will show proposed easements needed for the pipeline. The ENGINEER will meet with the CITY to review the strip map before proceeding with the Preliminary Design. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 2.6. The Conceptual Design Package shall include the following: Route Study Memorandum, including: • Cover Sheet. • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept based upon the established design criteria. • Preliminary mapping of the alternate routes using GIS mapping systems. • Documentation of key design decisions. • Estimates of probable construction cost. ASSUMPTIONS • West Fork Collector Parallel, Phase I will be 120-inch fiberglass reinforced pipe. No alternate materials will be specified. • West Fork Collector Parallel, Phase I will parallel the existing Twin 90-inch sewers and be connected to them via one (1) proposed flow transfer junction boxes with gates for flow control just downstream of the existing Walker Branch junction box. • Concrete structures will be lined, or protected from corrosion, but a corrosion analysis will not be performed. • 8 Geotechnical borings are anticipated for this project (refer to Section 3.2). • 3 copies of the conceptual design package (30% design) will be delivered. Report shall be letter sized and comb-bound with a clear plastic cover. Drawings will be 11"x17" size fold outs bound in the report. • 3 copies of the map book. • ADDF and PWWF flow rates are already determined. • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 5 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 DELIVERABLES A. Map book of the selected West Fork Collector Parallel, Phase I route. B. Strip map of the West Fork Collector Parallel, Phase I alignment. C. Conceptual Design Package. D. Geotechnical Memorandum (to be submitted, per Task 3.2, under separate cover). TASK 3. PRELIMINARY DESIGN (60%) FOR WEST FORK COLLECTOR PARALLEL, PHASE I. Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the West Fork Collector Parallel, Phase I as follows: 3.1. Development of Preliminary Design Drawings and Specifications, for the West Fork Collector Parallel, Phase 1, shall include the following: • Cover Sheet • A Project Control Sheet, showing all Control Points, used, or set while gathering data. Generally, on a scale of not less than 1:400. The following information shall be indicated for each Control Point: X, Y and Z Coordinates, in an identified coordinate system, and a referenced bearing base. Z coordinate on City Datum only; descriptive location. • Overall project easement layout sheet(s) with property owner information. • Overall project sanitary sewer layout sheets. The sewer layout sheet shall identify the proposed sewer gravity main improvement/existing sewer mains and all sewer appurtenances in the vicinity. Utilities shall be located with S.U.E. Level A and B. • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, junction structures, etc., in the same coordinate system as the Control Points. • Benchmarks per 1,000 ft of plan/profile sheet (five or more). • Bearings given on all proposed centerlines, or baselines. • Plan and profile sheets at a 1:40 scale on 11"x17" sheets which shows the following: proposed sanitary sewer plan/profile and recommended pipe size, rehab of Twin 90-inch sewer pipelines (plan view only), flow transfer junction structures, manholes, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 6 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 • Bank Stabilization including bank protection and stream stabilization of the Phase I aerial crossing over an unnamed tributary. • Provide map showing location of new flow transfer junction structures. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. • The ENGINEER will prepare standard and special detail sheets for sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project,trenchless details, and special service lateral reconnections. • Conduct up to twelve (12) monthly internal design meetings with ENGINEER's design staff. 3.2. Geotechnical Investigation This document provides details for the recommended geotechnical investigation for the design of the new Collector Parallel, Phase 1120-inch pipeline adjacent to the Twin 90-inch Sewers for the City of Fort Worth. A summary of the various improvements is provided below. • Approximately 5,000 linear feet of 120-inch pipeline. • New junction box adjacent to existing Walker Branch junction box. The proposed geotechnical scope of work identified in Task 2.3, will consist of field exploration, laboratory testing, engineering analysis, and reporting as presented below. • Field Exploration - Select and mark up to 8 boring locations and notify Texas 811, appropriate City department(s) and other agencies to request location and marking of existing underground utilities prior to the field exploration. - Subcontract with a geotechnical drilling contractor to drill a total of up to 8 borings to 50 feet or less depending upon depth to primary formation (structures). Samples will be collected intermittently using continuous flight or hollow stem augers and either split-spoon or tube samplers. Rock and rock-like materials will be sampled using an NX core barrel and/or tested insitu using a TxDOT Cone Penetration Test, as appropriate for the material. At completion, the bore holes will be backfilled with auger cuttings. Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). • Laboratory Testing - Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 7 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: o Classification tests (liquid and plastic limits and percent passing the No. 200 sieve or gradation) O Moisture content O Dry unit weight o Unconfined compressive strength • Engineering Analysis - Prepare a geotechnical data memorandum and a separate geotechnical information memorandum for the design team of the geotechnical investigation to include: o Attachment with the boring locations, boring logs, laboratory test results, and a key to the symbols used (for GDR). o Discussion of subsurface conditions and soil properties indicated by the field and laboratory work (for GDR). o Lateral earth pressures and allowable bearing values for up to three structures (for Design Information Memorandum). - General discussion of expected construction related issues. Submittals will include an electronic PDF copy of the technical memorandum. 3.3 Constructability Review • Prior to the 60 percent review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. 3.4 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible, consider potential future utilities in the design. No utility relocation or replacements are included in the ENGINEER's scope of work. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in BIM 360 for forwarding to all utility companies which have facilities within the limits of the City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 8 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.5 Structural Design • Design to include all structural elements for the proposed flow transfer junction box located adjacent to the existing Walker Branch junction box, and the aerial crossing, showing sufficient detail for these structures to be constructed. • Furnish all the technical specifications related to structural portions of the project. 3.6 Floodplain Development Permit/CDC Application • FNI will coordinate with the Floodplain Administrator to complete floodplain permit for the site. It is assumed that the site will match pre-construction contours and no hydraulic analysis will be required. • Prepare explanatory memo and exhibits to accompany the Floodplain Development Permit submitted to the City of Fort Worth. • FNI will submit the required documentation to the City of Fort Worth and attend up to two (2) meetings to discuss the floodplain permit. • FNI will complete a Corridor Development Certificate (CDC) permit application with a variance request for projects which do not require a hydraulic analysis or cut-fill analysis. Associated fees to be paid by the City of Fort Worth. Address CDC Application review comments. Submit Final CDC Application. • It is assumed that the project will generally be below grade and will therefore not impact the floodplain. • This scope does not include coordination with FEMA for a Letter of Map Change (LOMR/CLOMR), if required. 3.7 Environmental/Archeological Permitting Evaluation The ENGINEER will perform an Environmental/Archeological Permitting Evaluation for this PROJECT to include the following tasks: • Gather and Review Existing Information — Prior to conducting an initial parallel gravity main alignment pedestrian survey, FNI environmental scientists will assemble and review data such as aerial photographs, USGS topographic maps, National Wetland Inventory (NWI) maps, the USGS National Hydrography Dataset (NHD), and soils data along the parallel gravity main alignment. • Pre-Application Meeting— FNI will prepare and submit a Pre-Application Meeting Request to the Fort Worth District U.S. Army Corps of Engineers (USACE) Regulatory Division. The meeting will be held to discuss permitting options and to discuss the easement acquisition process within the USACE approved Trinity River Mitigation Bank. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 9 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 • Conduct Pedestrian Survey - FNI environmental scientists will conduct a pedestrian survey of the gravity main alignment limits of disturbance (LOD) to make detailed observations, document existing environmental conditions, and assess project impacts as follows: the presence and locations of waters of the U.S. (including the delineation of wetland boundaries) and potential threatened/endangered species habitat will be identified within the proposed parallel gravity main construction LOD. • Conduct Tree Survey — Utilizing the tree survey data developed by a separate subcontractor, FNI will identify and measure the diameter at breast height (dbh) of up to 1,500 trees. This information will be used to create a spreadsheet documenting the tree survey results. • Prepare Urban Forestry Permit—An FNI Certified Arborist will prepare an Urban Forestry Permit and related documents for trees to be removed in the proposed West Fork Collector Parallel 50-foot-wide temporary easement. • Cultural Resources Coordination — Projects sponsored by public entities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance consultation with the Texas Historical Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed these thresholds and in accordance with NWP General Condition 20 Historic Properties. Due to the location of the proposed easement, it is assumed that an intensive cultural resource survey, including up to nine (9) backhoe trench tests, will be required. FNI's sub-consultant will conduct a cultural resource survey that meets the minimum requirements of the Texas Antiquities Code and Section 106 of the Clean Water Act. • Prepare Technical Memorandum — Information gathered during the pedestrian survey and consultation with the THC will be used to prepare a draft technical memorandum. The draft memorandum will include discussions of methodologies used to identify and document potential waters of the U.S. and an opinion of their jurisdictional status. This memorandum will also include a Clean Water Act Section 404 permitting evaluation, a discussion regarding threatened/endangered species habitat (if present), a summary of tree survey data, and a summary of archeological survey results. The draft memorandum will be submitted to the City for review and comment. FNI will incorporate comments provided by the City and submit a final memorandum to the City. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 10 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 ASSUMPTIONS • The project can be designed and located to meet the terms and conditions of NWP 58 (previously NWP 12)without requiring a PCN. United States Army Corp of Engineers (USACE) project permitting is not included. • Conduct up to twelve (12) monthly internal design meetings with ENGINEER's design staff. • 3 sets of 11"x17" size plans will be delivered for the Preliminary Design (60% design). • 1 set of 22"x34" size plans will be delivered for the Preliminary Design (60% design). • 3 sets of specifications will be delivered for the Preliminary Design (60% design). • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. City will use the DWF files for Utility Clearance. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. • Rock (primary material, limestone and marl) is about 20 to 25 feet below ground surface. A drilling contingency cost has been included in the budget in case the depth to limestone is deeper than anticipated. • The parallel route is accessible to a truck-mounted drilling rig and the drill locations will not require clearing (neither by hand or dozer) for access. DELIVERABLES A. Letter to THC. B. Archaeological study. C. Environmental Permitting Technical Memorandum. D. Tree survey spreadsheet. E. Geotechnical Technical Memorandum. F. Preliminary Design drawings and specifications (60%) for the gravity main. G. Estimates of probable construction cost. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 11 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 4. FINAL DESIGN (90%) AND SIGNED/SEALED CONSTRUCTION DOCUMENTS (100%) FOR WEST FORK COLLECTOR PARALLEL, PHASE I. Upon approval of the Preliminary plans, ENGINEER will prepare construction plans, as follows: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting a Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by an ENGINEER registered in the State of Texas. 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 3 sets of 11"x17" size drawings and 1 set of 22"x34" size drawings and 3 specifications will be delivered for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • 2 sets of 11"x17" size drawings and 2 specifications will be delivered for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. DELIVERABLES A. 90% construction plans and specifications for the West Fork Collector Parallel, Phase 1 (3 sets of 11"x17" plans, 1 set of 22"x34" plans, and 3 sets of specifications). B. 100% construction plans and specifications for the West Fork Collector Parallel, Phase 1 (2 sets of 11"x17" plans and 2 sets of specifications). C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. D. Original cover Mylar for the signatures of authorized CITY officials. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 12 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. 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 two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM 360 from documents sold from Contractor's uploaded Plan Holder Registrations in BIM 360. 5.2. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information (up to 25). 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. 5.3. 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 an addenda (up to 3). The ENGINEER shall upload all approved addenda onto BIM 360 and mail addenda to all plan holders. 5.4. Attend the prebid conference in support of the CITY. 5.5. Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to bid opening is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. 5.6. Attend the bid opening in support of the CITY. 5.7. 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. 5.8. 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 13 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 Conformed Design Drawings: • Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. Each PDF and DWF file shall be created from the original CAD drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: — Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in BIM 360. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: — Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name—"X-12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. ASSUMPTIONS • 3 sets of 11"x17" size drawings and 3 sets of 22"x34" size drawings and 3 specifications will be delivered for the Bid Documents. • 5 sets of 11"x17" size and 7 sets of 22"x34" size drawings and 7 specifications of the Conformed Construction Documents will be delivered to the CITY. • PDF, DWF and DWG 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). City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 14 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 6. ROW/ EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and easement services as outlined below, per scoping direction and guidance from the CITY's Project Manager: 6.1. Right-of-Way Research • The ENGINEER shall determine rights-of-way and easement needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 6.2. Right-of-Way/Easement Preparation and Submittal • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to the CITY PM for review. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM 360 site. ASSUMPTIONS • 4 Permanent easement documents will be necessary. • 6 Temporary construction easement documents will be necessary. • 0 Permanent access easement documents will be necessary. • Right-of-Way research and mapping includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e., iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 15 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 7. SURVEY / SUBSURFACE UTILITY ENGINEERING (SUE) SERVICES (LEVEL A AND B). ENGINEER will provide survey support as follows: 7.1. Design Survey • ENGINEER will perform field surveys (150'wide)to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, manhole rim/invert elevations, location of buried utilities where visible, structures, trees (measure caliper, identify overall canopy, and identify species of trees), and other features relevant to the final plan sheets. • The minimum survey information to be provided on the plans shall include the following: — A Project Control Sheet, showing ALL Control Points, used, or set while gathering data. Generally, on a scale of not less than 1:400: — The following information about each Control Point; o Identified (Existing, CITY Monument#8901, PK Nail, 5/8" Iron Rod) o X, Y and Z Coordinates, in an identified coordinate system, and a referenced bearing base. Z coordinate on CITY Datum only. o Descriptive Location (Example: Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, etc., in the same coordinate system as the Control. — No less than two horizontal benchmarks, per line or location. — Bearings given on all proposed centerlines, or baselines. — Station equations relating utilities to paving, when appropriate. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 16 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 7.2. Tree Survey Trees 6-inches or larger (up to 1500) will be tagged and located within the wooded areas along the northside of the route, along with trees that are on the south edge of the brush line of the cleared area containing the existing sewer pipelines. 7.3. Subsurface Utility Engineering (SUE) Provide Subsurface Utility Engineering (SUE) as described below. The SUE shall be performed in accordance with Cl/ASCE 38-02. Quality Level A • Perform 20 Level A SUE test holes to confirm the horizontal and vertical location of the existing Twin 90-inch sewer pipelines (10 each pipeline) and up to an additional 5 Level A SUE test holes of existing utilities (e.g., gas lines, water lines, and communication lines) that cross the alignment of the proposed interceptor main, for a total of 25 test holes. To the extent possible, the test holes will be performed as close as possible to anticipated crossing locations. The test hole work will be coordinated with the applicable utility company and any necessary permissions or permits will be acquired. The location and results of the test holes will be surveyed and incorporated into the PROJECT's base CAD file and the relevant information will be reflected in the plan sheets and specifications. Submit a separate summary report signed and sealed by a licensed professional engineer of the findings. The report should include site photos, ground elevation, and depth to top of utility elevation, horizontal location coordinates, and type of material of existing utility. Quality Level B • Perform subsurface utility engineering (SUE) quality level B for 5,000 LF for the proposed pipeline segment in general accordance with the recommended practices and procedures described in American Society of Civil Engineers (ASCE) Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). Utilize geophysical prospecting equipment to designate the horizontal position of existing underground utilities that are within the project limits. This level of work includes acquiring as-built documentation from utility companies and contact with their representatives. The limits of investigation will be within City existing sewer easements plus an adjacent 100 feet to the north, and shall include off-site markings to identify utilities that cross the proposed alignment. ASSUMPTIONS • Topographic survey will extend for 5,000 linear feet. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 17 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 8. CONDITION ASSESSMENT (PIPELINES) —AS DIRECTED BY OWNER. ENGINEER will provide services to assess the condition of existing facilities as follows: 8.1. Pipeline Condition Assessment (Twin 90s) • Obtain from the Owner existing plans, reports, studies, records, and system inspection reports for the Twin 90s, points of entry records, corrosion analysis data including defects list, and field condition data from the Owner, concerning interceptor segment. • Review existing PROJECT flow data and previous general condition assessment reports, including defects list and field condition assessments for 10,000 LF of the existing Twin 90s sewer pipelines (5,000 LF per 90-inch pipeline). • Perform site visits as necessary to evaluate the condition of the existing interceptor and its manholes, points of entry locations, and any structures that are relevant to this PROJECT. • Review of the most current CCTV logs, per the City's ICAP program, will be the basis of the pipeline condition assessment. New CCTV for the Twin 90s is not included in the scope but can be included as an Additional Service. • Coordinate a plan and schedule with the Owner in accessing the interceptor and manholes for inspection. Obtain written permission from landowners for accessing areas to evaluate the pipeline. • Review the data, provided by the City, to assess the overall condition of the interceptor. Engineer will participate in one combined workshop with the Owner to discuss findings. • Cleaning of the interceptor is not included in the scope, but can be added as an ADDITIONAL SERVICE. 8.2. Condition Assessment Technical Memorandum • Submit two (2) hard copies and one (1) electronic copy (on CD in bookmarked, searchable PDF format) of a draft condition assessment report. After review and incorporating the Owner's comments, Engineer will provide same of the final report to the Owner. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 18 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 TASK 9. TRINITY RIVER GEOMORPHIC STUDY. The Twin 90s and proposed West Fork Collector Parallel, Phase I sewer mains are located along the north bank of the West Fork of the Trinity River. Within the limits of this PROJECT, the West Fork of the Trinity River has a meander bend that is close to the existing Twin 90s. The purpose of this scope is to develop a visual geomorphic study to evaluate the stability of the West Fork Trinity River near the PROJECT site and Village Creek Reclamation Water Facility (VCRWF) for approximately 10,500 LF to document current river conditions and potential erosion concerns which may threaten City infrastructure. FNI will perform the following services as part of this project: 9.1. Project Management and Meetings: • One (1) review meeting outlining erosion issues within study reach. • One (1) geomorphic assessment review meeting with City. • General project management and communications. 9.2. Reach Geomorphic Data Collection: FNI will perform a geomorphic survey and site reconnaissance for approximately 2-miles of the West Fork Trinity River within study reach. Downstream limits of assessment will be 0.25 miles upstream of the existing Greenbelt Road bridge. Observations of channel stability, stream succession, vertical and lateral stability, bank erosion, riparian vegetation, channel blockage, depositional pattern, stream order, and flow regime will be noted. FNI will determine bankfull for the reach using bankfull identification techniques described in Harrelson et al., (1994). Proposed activities will included: a. FNI to review available topographic maps, soil surveys, historical photographs and other available information before mobilizing to the project location. b. FNI will document bankfull for the study reach (if present) using bankfull identification techniques described in Harrelson et al., 1994. c. Planform measurements including sinuosity, radius of curvature, meander length, and belt width, Rosgen (1996). These measurements may be developed from mapping. d. Preform a meander migration analysis for up to three (3) sections where erosion is threatening infrastructure. e. Identify and map headcuts and erosion sites along the reach. f. Document existing bank and erosion protection throughout project reach. g. Photo documentation with a GPS-enabled camera with photo image direction. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 19 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 h. Representative Bank Erosion Hazard Index and Near-Bank Stress (BEHI) evaluation. (assumes up to four (4) representative locations evaluated). i. General narrative description of stability of the study reach with special attention drawn to erosion sites which pose imminent risk to structures and infrastructure. 9.3. Geomorphic Assessment Report: Upon completion of the data collection, FNI will create a Geomorphic Assessment report. (PDF format). The report will include all applicable forms, narratives, data, tables, maps and figures related to the SFA and Geomorphic Survey. 9.4. Alternative Analysis Technical Memorandum: a. FNI, with direction from the City, will select three (3) separate sites along the reach for further analysis. Three (3) total alternatives mitigating erosion will be created (either 1 alternate at all three sites, or 3 alternates at one site, or some combination thereof). Alternatives will be conceptual in nature but clearly depict location, type of protection, and extents. b. For each alternative, FNI will develop a conceptual cost, preliminary permitting implications, a simple exhibit depicting the alternative, and a discussion of the pros and cons for each design. c. FNI will prepare a brief technical memorandum summarizing the alternatives analysis and include conceptual opinions of probable construction costs. Geomorphological Assessment Report will be included as an appendix to the technical memorandum. ASSUMPTIONS • Address one (1) round of comments from the City. • Up to two (2) cross-sections will be documented where bankfull indicators are present. Bankfull indicators may be absent within impaired channel reaches. Cross-section overbanks may be determined using available LiDAR. • The number of photos taken will be sufficient to detail the conditions throughout the reach (typically every 50'- 100'). • Planform measurements may be based on digital mapping and/or a combination of both field measurements and digital mapping. • A Reference Reach survey is not included in this scope of work. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 20 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 • Final design on conceptual alternatives is not included. • Hydrologic and hydraulic modeling for conceptual alternatives is not included. • Report exhibits shall be 11"x17". DELIVERABLES A. Digital copy of all geomorphic data collected. B. Digital copy of draft and final Alternatives Analysis Technical Memorandum and Geomorphic Assessment Report. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 21 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 ADDITIONAL SERVICES NOT INCLUDED IN THE 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 requested, 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: • Services related to development of the CITY's project financing and/or budget. • Design services for bank stabilization along the Trinity River. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • General construction phase services. • Resident project representation (RPR). • Performance of materials testing or specialty testing services. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after completion. • Services related to Survey Construction Staking. • 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. • Level A and B SUE in addition to amount previously stated in the tasks above. • Site clearing required for access relating to geotechnical drilling and exploration. • Corrosion investigation and analysis. • Cathodic protection system design. • Communication mediums routed within pipeline easement. • Environmental services not included in the scope above. • Preparation of a Clean Water Act Section 404 Individual Permit or Nationwide Permit Pre-Construction Notification. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 22 of 23 ATTACHMENT A DESIGN SERVICES FOR WEST FORK COLLECTOR PARALLEL,PHASE I CITY PROJECT NO.:103291 • Preparation of a Conceptual Mitigation Plan. • Floodplain impact analysis. • CLOM R/LOM R. • Operations and maintenance manual. • Archeological monitoring during construction. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 23 of 23 ATTACHMENT B COMPENSATION Design Services for WEST FORK COLLECTOR PARALLEL, PHASE I City Project No. 103291 Lump Sum Project I. Compensation A The ENGINEER shall be compensated a total lump sum fee of $1,291,465.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV— Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 3 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols Engineering Consulting 1,114,835 86.33 Proposed MBE/SBE Sub-Consultants Acacia Heritage Archaeological Surveying 24,824 1.92 Beyond ET Geotechnical Laboratory 5,356 0.41 Gorrondona & Assoc. Surveying and Legal Documents 88,750 6.87 The RIOS Group Subsurface Utility Engineering 49,950 3.87 Texplor Geotechnical Drilling 7,750 0.60 Non-MBE/SBE Consultants N/A TOTAL $1,291,465 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE CPN 103291 $1,291,465 $176,630 13.67 WEST FORK COLLECTOR PARALLEL, PHASE I City MBE/SBE Goal = 10% Consultant Committed Goal = 13.67 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 3 B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3 E75 k0 J / ) \ } \ �2 \ 00>1 2 - � ) # / ig 0 // CL 2 �` § ) 8 § 03 \ m IL . �_ 2J ` g - ) ) o !& tf |2 r \ - - k \ )) j _ J` - co |26 \ \ \ \ �o \ < n *u : .. I , I /d )0 \ }(}) j CL ± 2 > \ k k w � ) � / / { 5 So fi \ � ) E ! w ( } \ \ CO B %\ | § k E 2 6) /; » W_ _ � \ L) § E �f�coo / \ CL 0 j�(\ \\ 8 §§§§§§ IL L I 3 0 JJ(LAA£ $ ) ) ) ) ) ) E J/ 0. 0.0 o qEE \ o ) | kk0;5 § § : : 2 &+ ® § a \ E o | ) 2 ; \` ) « ■! { 7 | z ;j / ! /! « \ \ \ kk\\�\\\\\\\ ;E D ƒ\ ( E( & ;" IJ } : &! R 2« �\ } )! - k \ � i . © � - - / w0 LL J - § {\}}\) } \ \\ : j $ j { a #{) § ) ( f§ § 2 - - - a f / ) \ w ; CO Lu - k a% & - t] ; >Lw= I k 0 )§ - § \ _ f ■ ` R a ~:! - \ a �E 13 �� A _ ()) — - a0 a � kk } L0 LoJJ£a �uz 0 aaS a 23 § \ 2422 ! b\\ g\\( g\\\ b\( b\...... § /\b \\5[ §\\\ \\j /@Jg/ \[ /\ \ �\\\} )I[4 ! M \Is , \ \ �\}L.�/ gt- w - /~\ » _ § : ! © : _ : 4 : FREESE WMAICHOLS OPINION OF PROBABLE CONSTRUCTION COST ••• a West Fork Collector Parallel,Phase 1 • 8/18/2021 City of Fort Worth,Texas •• 1112 Scoping-Conceptual Design Robb Otey ESTIMATED BY QC CHECKED BY FNI PROJECT Nick Lester Robb Otey OFF20050 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL WATER IMPROVEMENTS 1 120"FRP(15'-20'deep) 5000 LF $ 3,350.00 $ 16,750,000 2 Structures 1 EA $ 750,000.00 $ 750,000 3 FRP Manholes 8 EA $ 50,000.00 $ 400,000 4 Trench Safety 5000 LF $ 50.00 $ 250,000 5 Bypass Pumping System 1 LS $ 250,000.00 $ 250,000 6 Clearing/Grubbing 1 LS $ 150,000.00 $ 150,000 7 SWPPP 1 LS $ 50,000.00 $ 50,000 8 Mob/Bonds/Insurance(5%) 1 LS $ 940,000.00 $ 940,000 9 Care of Water 1 LS $ 100,000.00 $ 100,000 10 Site Restoration 1 LS $ 100,000.00 $ 100,000 SUBTOTAL $ 19,740,000 CONTINGENCY1' 111 PROJECT • • • • ••• The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee that proposals,bids,or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 4 Estimate with accuracy range or-20 to+30. 2 FNI OPCC does not include costs associated with engineering fees,permits,surveying,etc. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for West Fork Collector Parallel, Phase I-Trinity River Siphon to Walker Branch Connection Project City Project No. 103291 None City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 > tea^ 2 { \ Z ƒ j < \ ) ) )}) E )}2 ) ! )/2 02 / \\ )\\\ ! NN \ \ )\\ \ \\\\\\ \ \\\ \\7\ )\\ \ c\ � \}\~_\ x\ \ :Iz\\): \<y\\; �}2\\:J�\t[_ 0- )� ` \ \ };!){ \E \\\\ \\ »f \W : % {{ }k _ - } , ){ J ! _ :A ! ) : U | \) } _() „ §/ m[!! )\■ ■■ rr ■ ■ ■■ ■■■ ■■■ ■rr ■ ■ ■ ■ ■■■■■■ r rrr rr ■ ■ ■ ■ ■ - £q } � o o z � o ) \\ \\2\\EL \\/\\ \\ \ )\\ 7\\\7\)\\\ L \ \ \ \\)\\ \\�} \ »\ !\\\\ \ \\ \ 2 )\\ z\«y\ \\ a \\ _ )\2\ ` \\ ` 0{ f \ - ; -§ ={! 9! I[ { , !( _® [: j 7 : > :y\{u � f & |\ ; > § ) - j : § ) )\■ r rrr rrr rrr ■ ■■ ■ ■ ■ ■ ■■■ ■ rr r r r ■ ■ 2 2 2 2 ATTACHMENT - E I. N ; TRAMMEL WDAVIS RD W m Z W U h . --- r TRINITY R� - VCWRF ' WEST FORK VFR _ . - - - r c Iv - JOHN T WHITE RD t 3 FORTWORTH f - ATTACHMENT - F Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII DATE: 9/28/2021 REFERENCE NO.: **M&C 21-0770 LOG NAME: 60WFCPP1- FNI CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: (CD 5)Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of$1,291,465.00 for Design of the West Fork Collector Parallel, Phase I-Trinity River Siphon to Walker Branch Connection Project, Provide for Project Costs for a Total Project Amount of$2,226,715.00, Adopt Attached 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 an engineering agreement with Freese and Nichols, Inc., in the amount of $1,291,465.00 for the West Fork Collector Parallel, Phase I -Trinity River Siphon to Walker Branch Connection project; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds from future debt for the West Fork Collector Parallel, Phase I -Trinity River Siphon to Walker Branch Connection project; and 3. Adopt the attached appropriation ordinance adjusting appropriations in the Water and Sewer Commercial Paper Fund by increasing appropriations in the amount of $2,226,715.00 for the West Fork Collector Parallel, Phase I -Trinity River Siphon to Walker Branch Connection project (City Project No. 103291) and decreasing appropriations in the Unspecified project (City Project No. UNSPEC) by the same amount. DISCUSSION: This Mayor and Council Communication is to authorize the preparation of plans and specifications for the construction of West Fork Collector Parallel, Phase I-Trinity River Siphon to Walker Branch Connection project. In addition, erosion analysis will be conducted at three locations along large sanitary sewer mains parallel to Village Creek to identify what needs to be done to protect these assets. The proposed scope of services includes design for the sewer main technical memorandum for rehabilitation of the existing 90-inch sanitary sewer main, design for sanitary sewer aerial crossing, design survey, environmental archeological permitting, easement preparation, floodplain permit and geotechnical investigations. Freese and Nichols, Inc., proposes to provide all the necessary design services and analysis for the project for a fee of$1,291,465.00. Staff considers the proposed fee to be fair and reasonable for the scope of services proposed. In addition to the contract amount, $935,250.00 is required for project management, real property acquisition, utility coordination, public outreach, and material testing. This project will have no impact on the Water Department's operating budget when complete. Appropriations for the West Fork Collector Parallel, Phase I are as depicted below: Existing Additional Fund FAppropriations Appropriations Project Total* W&S Commercial Paper- Fund 56020 $0.00 $2,226,715.00[$2,226,715.00 F Project Total $0.00 $2,226,715.00 $2,226,715.00 *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 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. M/WBE OFFICE: Freese and Nichols, Inc., is in compliance with the City's Business Equity Ordinance by committing to 11\% percent Business Equity participation on this project. The City's Business Equity goal on this project is 10\%. 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 WF Collector PH1 TRV Syphon project to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year ChartFeld 2 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartlield 2) Submitted for City Manager's Office by; Dana Burghdoff(8018) Originating Department Head: Chris Harder(5020) Additional Information Contact: Pratima Poudyal (6149) ATTACHMENTS 60WFCPP1- FNI MAP.pdf 60WFCPP1- FNI Reimb Resolution.pdf 60W FCP P 1-F N 1 56020.docx Q o U o U O c w 41 O O O ra O 7 N v O O D- u U u > a a a a , ra ra w Q f0 O O ra ra ra ra 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 Ln Lr) Ln O Ln O O O O O O Ln m 0 k.o O O O O O Ln to 011 O O O O O N N lD l0 m T 11 O O O O �* Ln N N N m vl? m O Ln O Ln vl? 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