HomeMy WebLinkAboutContract 58715CSC No. 58715
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: Wastewater Collection System Master Plan --
Project No. 104126.
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. $2,250,000.00 asset
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 Vl. 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
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date: November 23, 2021
Page 1 of 15 CITY SECRETARY
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: November 23, 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: November 23, 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: November 23, 2021
Page 4 of 15
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 No.
25165-10-2021 (replacing 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 of fraud by the Engineer
may result in the termination of this Agreement and debarment from
participating in City contracts for a period of time of not less than three (3)
years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 5 of 15
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment E 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 respondeat 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: November 23, 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 Fart Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 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: November 23, 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: November 23, 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' 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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021
Page 10 of 15
property infringement, or failure to pay a subcontractor or supplier. CITY
is entitled to recover its reasonable attorney's fees in proportion to the
ENGINEER's liability.
G. Assignment
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.
1. 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 V1.1.
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 ail 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: November 23, 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 Belated Design Services
Revised pate: November 23, 2021
Page 12 of 16
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: November23, 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 I✓ — Insurance Requirements
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 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:
CITY OF FORT WORTH
Oa?76I SUYandOAC
Dana Burghdoff (Ian 10, 2023 16:25 CST)
Dana Burghdoff
Assistant City Manager
Jan 10, 2023
Date:
ATTEST:
Im Wo//11
Jannette S. Goodall
City Secretary
APPROVAL RECOMMENDED:
Y, Christopher arder Dan 4,20"2309:30 CST)
Chris Harder, P. E.
Director, Water Department
APPROVED AS TO FORM AND LEGALITY
OA
By: - 11111,, 9, 20231731 C5Tj
Douglas W. Black
Sr. Assistant City Attorney
Contract Compliance Manager:
BY:
ENGINEER
Freese and Nichols, Inc.
Mazen Kawasmi, P.E.
Principal
Date: December 26, 2022
Form 1295 No. 2022-945212
M&C No.: 22--1052
M&C Date: 12/13/2022
By signing, 1 acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
12/23/2022
Matt Kusnir, P.E.
Engineering Manager
City of Fort Worth, Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date: November 23, 2021 CITY SECRETARY
Page 15 of 15 FT. WORTH, TX
ATTACHMENT A
DESIGN SERVICES FOR
WASTEWATER COLLECTION SYSTEM MASTER PLAN
CITY PRWECT NO.:104126
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
WASTEWATER COLLECTION SYSTEM MASTER PLAN
CITY PROJECT NO.: 104126
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
WORK TO BE PERFORMED
TASK A: PROTECT MANAGEMENT, COLLABORATION, AND DATA ANALYSIS
Al. ADMINISTRATION AND DOCUMENT CONTROL
ENGINEER will perform general administration duties with the project, including progress
monitoring, scheduling, general correspondence, office administration, and invoicing.
ENGINEER will establish document control procedures to ensure proper recordkeeping and
retrieval.
A2, MONTHLY STATUS MEETINGS AND PROGRESS REPORTS
1) Monthly Meetings:
In addition to technical, task -related meetings, ENGINEER will conduct monthly meetings with
FWWU to review progress, discuss data needs, and any topics of special concern. The results
of this meeting will be summarized in the Monthly Status Report.
2) Monthly Status Reports and Schedule Updates:
A Monthly Status Report will be submitted, summarizing progress against specific tasks and
scheduled tasks to be accomplished in the upcoming month; outlining key decisions that will
require input from, or discussion with, FWWU staff; and listing any unresolved problems or
issues.
A3. INFORMAL COLLABORATION WITH FWWU STAFF
ENGINEER will meet with FWWU staff monthly through in -person meetings, conference
calls, videoconferences, and informal training sessions. These meetings will be in addition to
the more formal meetings where general project status is discussed (Task A2). The purpose
of these meetings is to collaborate with FWWU on any concerns or issues concerning results,
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recommendations, or any questions FWWU may have. These meetings may occur at FWWU
or ENGINEER offices. The frequency of collaboration inay vary based on the project phase,
but it is anticipated that 4 hours monthly will be designated for these activities for the
ENGINEER project team.
A4. PROJECT KICKOFF MEETING
ENGINEER will conduct a project kickoff meeting with FWWU to discuss the project scope
and schedule. A data request memorandum will be presented and discussed.
A5. DATA COLLECTION AND REVIEW
ENGINEER will prepare a data request memorandum summarizing data needs for the
project. ENGINEER will obtain and review existing wastewater collection system databases,
reports, previous developer plans, and studies developed for or by FWWU,
ENGINEER will also obtain and review the most current data on the existing wastewater
system, including but not limited to the following:
• Latest GIS information
• Recent lift station data
• Utility billing meter data
• SCADA and other operational data
• Existing and future land -use mapping
• Work order history
• SSO reporting
• As -built drawings for recent or ongoing projects in construction
TASK B: POPULATION, EMPLOYMENT, AND WASTEWATER LOAD PROJECTIONS
B1. POPULATION PROJECTIONS AND LAND USE ASSUMPTIONS MEETING
WITH PLANNING DEPARTMENT
ENGINEER will meet with FWWU staff to discuss population, employment, and land use
assumptions. Projected growth rates and redevelopment areas will be identified. FNI will
utilize the future wastewater service areas developed in the 2021 Impact Fee Study and 2022
Northside Water Master Plan for the 5-year, 10-year, and 40-year planning periods.
Adjustments will be made to the service area boundaries as needed to reflect the service area
goals of FWWU. FNI will utilize the demographic data developed in the Impact Fee Study,
Northside Water Master Plan, and 2022 Marys Creek WRF Impact Analysis to develop future
projections. FNI and the Planning Staff will identify potential growth and redevelopment
areas in the FWWU wastewater collection system that are not reflected in the other studies.
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B2. REVIEW AND UPDATE POPULATION PROJECTIONS AND LAND USE
ASSUMPTIONS
ENGINEER will use the data reflected in the City's ongoing development reviews, Mary's
Creek WRF Impact Analysis, and Northside Water Master Plan as the basis for population
and employment projections and make adjustments as needed based on feedback from
FWWU Planning Department staff. ENGINEER will refine the projections by NCTCCIG
Census Block Group, FWWU WRF service area, basin, and sub -basin levels to distribute
existing and future growth. City staff will provide information on existing and projected
wastewater flows from existing and wholesale customers. The flow projections from the
wholesale customers will be analyzed and considered when determining improvement
project triggers.
B3. DEVELOP AND DISTRIBUTE POPULATION AND EMPLOYMENT GROWTH
PROJECTIONS BY BASIN AND SUB -BASIN
ENGINEER will develop updated retail and wholesale population projections using information from
FWWU, the Planning Department, NCTCOG, redevelopment plans, and new service areas for each
sewer basin and sub -basin for the 5-year, 10-year, and 40-year planning periods. ENGINEER will utilize
the data from the wholesale customers to update the wholesale customer city projections.
FNI will coordinate with FWWU to request updated wholesale customer projections. ENGINEER will
send letter requests to wholesale customers to reflect their 5-year, 10-year, and 40-year projections.
134. REVIEW HISTORICAL WASTEWATER FLOW DATA
ENGINEER will review data from FWWU 24 previous temporary flow meters and utilize
water billing data and flow monitoring data to establish existing residential and employment
per capita wastewater loading rates. ENGINEER will also utilize the previous temporary
metering data to aid in selecting temporary flow meter sites for the Wastewater Master Plan.
B5. GEOCODE WATER BILLING METER DATA
ENGINEER will geocode recent water billing meter data for the three lowest water usage
months. The data will be used for the allocation of wastewater flows and to locate major
customers within each sewer basin and sub -basin.
B6. REVIEW AND UPDATE WASTEWATER FLOW DESIGN CRITERIA
Based on historical wastewater flow data, ENGINEER will review existing flow projection
methodologies, including those previously developed for all the sewer basins and sub -basins,
to provide recommendations to update the design criteria for flow projections. ENGINEER
will develop residential and employment per -capita flow rates and infiltration and inflow
allowances based on the review of historical data.
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B7. DEVELOP AND DISTRIBUTE EXISTING WASTEWATER FLOWS
ENGINEER will utilize geocoded billing meter data to allocate existing wastewater flows
throughout the collection system by sub -basin. Wastewater loads shall be distributed for
annual average daily wastewater flow conditions,
B8. CALCULATE AND DISTRIBUTE FUTURE WASTEWATER FLOW
PROJECTIONS
ENGINEER will utilize the updated wastewater flow design criteria for each basin and sub -
basin to allocate future residential and employment loads. ENGINEER will allocate
population and employment estimates and flow projections across the sewer basins and sub -
basins for each planning period (5-year,10-year, and 40-year).
B9. WORKSHOP: POPULATION, LAND USE, AND WASTEWATER FLOW
PROJECTIONS
ENGINEER will conduct an in -person workshop with FWWU to discuss population,
employment, and wastewater flow projections. ENGINEER will present a presentation,
tables, graphs, and maps of the projections.
TASK C: FLOW MONITORING AND I/I CHARACTERIZATION
C1. FLOW METER SITE SELECTION
ENGINEER will meet with FWWU staff to determine strategic locations for 70 temporary
flow meters and 20 rain gauges for 60 days. FWWU staff will review the proposed locations
and provide additional input based on historical working knowledge of the collection system.
The ENGINEER team will furnish, install, and maintain the temporary flow meters and rain
gauges. It is assumed that traffic control plans are not required for installing the temporary
equipment and that the ENGINEER team can work independently of FWWU field staff.
ENGINEER will perform site investigations for the purpose of determining the viability of
each targeted location. Investigations include an evaluation of the hydraulic conditions,
access, safety, and other issues that may affect the data quality or sensor survival. If a location
is identified as unsuitable, ENGINEER will investigate up to two (2) alternate sites (upstream
or downstream) for consideration.
C2. FLOW METER BASIN DELINEATION
ENGINEER and FWWU will finalize the flow monitoring plan with the recommended site
selection for the temporary flow monitoring. ENGINEER will delineate the temporary flow
monitoring basins.
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C3. GAUGE -ADJUSTED RADAR RAINFALL
ENGINEER will provide 5-minute 1 km x 1 km gauge -adjusted radar -rainfall (GARR)
estimates for the 60-day flow monitoring period. ENGINEER will review all rain gauge data
and radar -rainfall estimates. The data will undergo a rigorous QA/QC process, and any
identified incomplete or erroneous data will be corrected or removed from the analysis. The
gauge -adjusted radar -rainfall data set format will be provided in Excel listed by date with
each pixel as the column header.
C4. ANALYZE FLOW METER DATA
The flow and rainfall data will be collected from the 70 locations at 5-minute intervals for both
dry and wet weather flow periods. ENGINEER will advise FWWU if adequate weather
conditions (dry weather and wet weather conditions include at least two (2) storm events of
different rainfall intensities) have not been observed during the initial monitoring period to
allow FWWU to consider funding an extended period for flow monitoring before removing
the temporary flow meters.
1) Analyze flow data for sub -drainage basins and develop average daily dry weather
flow diurnal curves and base flow peaking factors.
2) Develop hydrographs for dry and wet weather flow conditions.
3) Determine peak inflow rate for selected rainfall events and determine corresponding
rainfall intensity for areas tributary to all flow monitoring locations
4) Determine peak infiltration rates during high groundwater conditions, if possible.
C5. I/I CHARACTERIZATION AND RANKING
Flow data will be compared with rainfall data to determine the amount of inflow and
infiltration experienced during selected storm events. ENGINEER will utilize current and
historical data to characterize the I/I in the wastewater collection system. Mapping will be
developed for all flow meter basinns to characterize and rank the basins by the amount of I/I
entering the collection system.
C6. IDENTIFY PERMANENT FLOW METER LOCATIONS
ENGINEER will utilize the temporary flow monitoring results to evaluate potential
permanent metering sites based on collection system capacity, CIP triggers, access, available
power, and telemetry needs. ENGINEER will develop permanent flow monitoring
recommendations for additional permanent flow meter locations.
C7. WORKSHOP: FLOW MONITORING RESULTS
ENGINEER will conduct an in -person workshop with FWWU to the results of the temporary
flow monitoring. ENGINEER will present a presentation, tables, graphs, and maps of the
results.
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ATTACNMENTA
DESIGN SERVICES FOR
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CITY PROJECT NO,:104126
TASK D: WASTEWATER DATA VERIFICATION AND
D1. UPDATE EXISTING WASTEWATER SYSTEM HYDRAULICS
ENGINEER will update FWWU's existing wastewater collection system hydraulic model in
InfoWorks ICM SE from the most current FWWU GIS. FNI will utilize the same version of
InfoWorks ICM SE that FWWU is using. This is expected to be a minor update since the model
was last updated in 2021. ENGINEER will review the connectivity of the wastewater system
GIS to locate unconnected manholes (floating nodes) and determine the flow direction of the
wastewater lines. ENGINEER will generate lists of pipes with negative slopes, review pipe
profiles on major interceptors and identify critical elements requiring special physical data
(i.e., junction structures, weirs, overflow structures, etc.). Missing lift station and force main
information provided by FWWU will be entered into the model. ENGINEER will review lift
station operational data and as -built drawings provided by the City to obtain physical data
(wet well dimensions, pump curves, force main material and pressure rating, etc.) and
develop initial controls for lift station pumps. ENGINEER will provide locations where the
GIS database lacks information on lines in the hydraulic model and will rely on FWWU to
compile any plans, as-builts, developer, and CIP projects that are not included in the GIS
database.
D2. SEWER BASIN, SUB -BASIN, AND SUBCATCHMENT GENERATION
ENGINEER will review and update the sewer basin delineation. ENGINEER will develop
sewer sub -basin delineation representing meter areas and geographical areas within each
sewer basin that is more refined than the flow meter basin delineation. ENGINEER will
generate subcatchments for each sewer sub -basin showing which areas feed into each sewer
manhole within their respective flow meter basins. ENGINEER will assign diurnal patterns
and per capita flow rates based on the type of usage in each subcatchment. This will be the
basis for dry weather flow contribution hi the wastewater model, ENGINEER will prepare
detailed mapping and meet with FWWU to review the sewer basin, sub -basins, and
subcatchment mapping results.
D3. REVIEW AND UPDATE DATA FLAGGING AND PREPARE GEODATABASES
ENGINEER will review and recommend updates to the existing data flagging structure in the
InfoWorks ICM SE model database, ENGINEER will assign updated data flags for all sources
of the physical links, nodes, flow files, and geodatabases and provide them to FWWU GIS
personnel to allow updating of GIS to reflect corrected information for all sewer lines. Data
flagging will be provided with the final GIS submittal to FWWU. ENGINEER will provide a
key showing data flagging sources.
D4. COLLECT AND ANALYZE SCADA DATA
ENGINEER will work with FWWU staff to collect and analyze all available SCADA data
related to the wastewater collection system. The data will be utilized for updating information
including, but not Iimited to pump on/ off levels at lift stations, pump run times, diversion
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structure controls, etc. The SCADA data will also be used during dry and wet weather
calibration to adjust the model to reflect the existing wastewater collection system.
D5. IDENTIFY AND UPDATE MISSING ATTRIBUTE DATA FROM CRITICAL
INFRASTRUCTURE
ENGINEER will identify critical infrastructure missing invert and manhole data that cannot
be determined through GIS, as-builts, previous models, or other available data. ENGINEER
will provide an inventory of missing data to FWWU to populate via measure downs
conducted by FWWU staff, FNI will gather the data provided by FWWU and update it in the
wastewater model. Updated information will be organized and provided to FWWU to update
in GIS. Surveying by the ENGINEER is not included in this scope of work.
D6. WASTEWATER FLOW DATA IMPORTATION
Geocoded water billing data and the population and employment flow projections will be
used to assign flows to the subcatchments in the hydraulic wastewater model. This task
requires the information derived in GIS to be imported into the InfoWorks ICM SE model for
existing and future wastewater system analysis. Large customers will be located and allocated
as a unique point load.
D7. MEETING WITH OPERATIONS STAFF TO DISCUSS SYSTEM OPERATIONS
ENGINEER will meet in person with FWWU operations staff to gain knowledge of the
specific operations of controlled diversion structures, lift stations, and any other special
structures.
DS. UPDATE REAL-TIME CONTROLS FOR SYSTEM OPERATIONS INCLUDING
FLOW DIVERSION STRUCTURES
ENGINEER will update real-time controls in the wastewater collection system model to
reflect the information the FWWU operations staff provided. The controls will be developed
to simulate existing operations for dry and wet weather calibration. Real -Time Controls are
controls in the model that are not simple everyday controls. Examples of specific Real -Time
Controls are diversion structures with complex controls or controls typically controlled
manually.
TASK E: EXTENDED PERIOD SIMULATION (EPS) WASTEWATER MODEL
CALIBRATION
Ex. DRY WEATHER CALIBRATION
ENGINEER will select a 5 to 7-day dry weather calibration period to isolate observed flows
as primarily domestic contributed flows. In general, no rainfall should be observed in the
preceding 72 hours. ENGINEER will develop a flow meter schematic showing which sewer
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basin and metered sub -basins feed into each sewer interceptor for model analysis and data
output review. ENGINEER will perform dry weather calibration of selected dry weather flow
events using calibrated flow volume by adjusting antecedent conditions, per capita flows,
diurnal curves, and dry weather infiltration. ENGINEER will adjust lift station parameters
based on system response observed during the calibration event using SCADA records and
meter responses. Dry weather calibration should match field data within 10%. ENGINEER
shall prepare mapping and profiles showing metered vs. modeled dry weather calibration at
selected calibration points.
E2. WET WEATHER CALIBRATION
ENGINEER will review flow meter data and select two wet weather calibration storm events.
ENGINEER will perform wet weather calibration using EPA -approved RTK methodology on
selected wet weather flow events using calibrated peak 1/I. The RTK methodology is more
efficient given that tools have been developed to provide RTK values for calibration efforts.
ENGINEER will adjust model parameters to calibrate flow velocity and flow depth.
ENGINEER will adjust lift station parameters based on system response observed during
calibration events using SCADA records and meter responses. Wet weather calibration
should match field data within 15%. ENGINEER shall prepare mapping and profiles showing
metered vs. modeled wet weather calibration at selected calibration points.
E3. DESIGN STORM EVALUATION
ENGINEER will evaluate the design storms from the previous wastewater master plan (SCS
Type 11, 5-year, 6-hour) and develop recommendations on design storms using return period
and storm intensity for individual sewer basins and interceptors and system -wide storms,
based on the Level of Service recommendations and NOAA Atlas 14 data. An analysis of up
to four unique events will be evaluated and presented to FWWU.
E4. WORKSHOP: MODEL UPDATE AND CALIBRATION
ENGINEER will conduct an in -person workshop with FWWU to discuss the hydraulic model
update, model calibration, and design storm evaluation. ENGINEER will present a
presentation, tables, graphs, and maps of the updates, calibration results, and design storm
assessment.
TASK F: WASTEWATER SYSTEM PERFORMANCE ANALYSIS
F1. DESIGN CRITERIA AND LEVEL OF SERVICE EVALUATION
ENGINEER will evaluate and recommend wastewater system planning criteria, including
design flows, minimum and maximum pipeline velocities, TCEQ requirements, and
surcharging guidelines. The level of services (LOS) will be defined by the design criteria
including what surcharging, if any, is allowed, minimum and maximum velocity constraints,
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etc. Criteria will be developed for overall master planning purposes, development reviews,
and environmentally sensitive areas.
F2. EXISTING SYSTEM EVALUATION
ENGINEER will run the calibrated wastewater model with up to two (2) design storms from
Task E3 and identify existing surcharging and overflow locations and other
capacity/restriction issues. This will provide the baseline evaluation of where FWWU
collection system issues are currently. This task will establish critical projects that will be
included in the 5-year CIP planning. ENGINEER will evaluate the impacts of critical elements
(special structures) and lift station operational modifications on the existing system
evaluation results. ENGINEER will prepare mapping and model results symbolizing all
surcharging and overflow locations by magnitude. ENGINEER will categorize manholes by
overflow amounts during design storm and sewer line surcharging by amounts during design
event(s).
F3. DEVELOP FUTURE YEAR ANALYSIS SCENARIOS
ENGINEER will finalize model scenario development for 5-year, 10-year, and 40-year
conditions and run wastewater model scenarios under design storm conditions to determine
the system response for surcharging and overflow events.
F4. FUTURE SYSTEM ANALYSIS
ENGINEER will utilize the future system model scenarios to analyze the impact of future
growth and development on the wastewater collection system. ENGINEER will apply the
selected design storm(s) to the future system models to locate potential future system
deficiencies based on specified design criteria. ENGINEER will conduct an evaluation of
special structures and lift stations under design storm conditions for each planning period.
F5. WORKSHOP WITH WRF AND OPERATIONAL STAFF
The project team will meet in person with operational staff to review the capacity and
operations of the existing WRF and special diversion structures. The project team will discuss
the existing standard operating procedures to handle peak wastewater flows in the collection
system and at the WRFs.
Fb. IDENTIFY ALTERNATIVE METHODS TO HANDLE PEAK FLOWS IN THE
COLLECTION SYSTEM
ENGINEER will analyze and recommend alternatives to the existing operational plan to
optimize available wastewater treatment plant capacity at FWWU's existing wastewater
treatment plants. ENGINEER will recommend alternatives for handling the peak flows,
including at minimum peak flow storage operations, peak flow storage in the interceptor
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system (in -line storage), and other methods beyond increasing the capacity of the wastewater
treatment plants.
F7. VCWRF CAPACITY EVALUATION AND MARY'S CREEK WRF
INTEGRATION
ENGINEER will identify, evaluate, and provide recommendations regarding the annual
average day permitted capacity of the VCWRF to meet the existing and projected average day
wastewater flows of the service area. ENGINEER will evaluate the integration of the new
Mary's Creek WRF into the collection system. ENGINEER will evaluate options for flexible
flow management allowing the collection system to redirect or transfer flow based on
operational decisions at the WRFs. ENGINEER will provide charts and graphs with a
proposed expansion schedule to meet future wastewater treatment plant flow projections.
F8. DEVELOP WASTEWATER SYSTEM IMPROVEMENT ALTERNATIVES TO
ELIMINATE SANITARY SEWER OVERFLOWS (SSOs) FOR EACH PLANNING
PERIOD
Using the results of future models, ENGINEER will develop improvements to eliminate
excessive surcharging (see Task F1) and overflows in the collection system resulting from
increased wastewater flow from projected future growth, development, and redevelopment.
ENGINEER will develop improvement alternatives for gravity lines, lift stations, force mains,
special structures, and treatment permit capacities. Improvements needed to correct existing
deficiencies will also be included. ENGINEER will utilize the model results to develop
improvements to extend the system and serve areas that are currently not developed.
ENGINEER will develop mapping showing improvements required for the 5-year, 10-year,
and 40-year planning periods. ENGINEER will incorporate findings from the FWWU
Interceptor Condition Assessment Program (ICAP) to assist in phasing and implementation.
F9. ALLOCATION OF FUTURE WASTEWATER CAPACITY FOR WHOLESALE
CUSTOMERS
ENGINEER will evaluate the wastewater flow from the customer cities to determine the
impact on the FWWU major interceptors. ENGINEER will determine the percent utilization
by a customer city of a proposed CIP project to guide project cost sharing.
F10. WORKSHOP: WASTEWATER SYSTEM HYDRAULIC ANALYSIS AND
IMPROVEMENT ALTERNATIVES
ENGINEER will conduct an in person alternative solutions workshop with FWWU to assess
and evaluate future hydraulic/operational improvements to solve deficiencies based on costs,
benefits, and the ability for projects to be permitted.
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CITY PROJECT NO.:10026
TASK G: WASTEWATER COLLECTION SYSTEM CAPITAL IMPROVEMENT PLAN
(CIP) REPORT
G1. DEVELOP DRAFT CAPITAL IMPROVEMENT PLAN (CIP) COSTS, SCHEDULE,
AND MAPPING
ENGINEER will develop a Capital Improvements Plan based on capacity needs. Costs for
each proposed project will be developed in Year 2024 dollars, including engineering and
contingencies. Large-scale system -wide maps will be produced showing proposed projects,
costs, capacity triggers, and recommended in-service dates of proposed projects. FNI will also
prepare a one -page summary for each project, including a detailed description, issue, project
map with planning level alignment, cost, proposed capacity trigger, and justification.
ENGINEER will provide the project information in the City's Project Information Form.
G2. MEET TO REVIEW DRAFT CAPITAL IMPROVEMENT PLAN
ENGINEER will meet in person with FWWU to discuss the draft CIP, project phasing, and
analyze alternative completion dates as necessary.
G3, PREPARE DRAFT WASTEWATER COLLECTION SYSTEM MASTER PLAN
REPORT
FNI will prepare a draft Wastewater Collection System Master Plan Report summarizing
wastewater flow projections, model calibration, existing and future system analysis, and CIP
development. FNI will deliver three (3) hard copies and one (1) electronic PDF file of the draft
report to FWWU.
G4. MEET TO REVIEW DRAFT REPORT
ENGINEER will meet in person FWWU to discuss the draft report. ENGINEER will solicit
comments to be incorporated into the final report.
G5. REVISE WASTEWATER COLLECTION SYSTEM MASTER PLAN REPORT TO
INCORPORATE COMMENTS
ENGINEER will revise the report based on comments from FWWU and submit five (5) final
hard copies and one (1) electronic copy in PDF format of the Wastewater Collection System
Master Plan Report.
TASK H: WASTEWATER PER -ACRE CHARGES AND WATER MAIN CAPACITY
CHARGES
H1. EVALUATE WASTEWATER PER -ACRE CHARGES AND WATER MAIN
CAPACITY CHARGES
The City will provide the ENGINEER the GIS and tabular data associated with the wastewater
per -acre (PAC) and water main capacity (WMCC) charges. This data includes the unique
identifier, fee type, maximum collection amount, refund recipient, and historical collections.
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ENGINEER will summarize the data into tables and maps showing the completed and
remaining collections per area,
DELIVERABLES
• All electronic project files including flow monitoring data, projections, and shapefiles
• Meeting minutes and materials
• Calibrated wastewater model with future system scenarios
• Wastewater Collection System Capital Improvements Program
• Draft Wastewater Collection System Master Plan Report
• Final Wastewater Collection System Wastewater Master Plan Report
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHM ENT A
DESIGN SERVICES FOR
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CITY PROJECT NO,:104M
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. Additional amounts paid to the ENGINEER because of material
change to the Scope of the Project will 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 rights -of -
entry.
• Services related to traffic control plans during condition assessment activities.
• If required, the ENGINEER will develop a traffic control plan utilizing standard
traffic reroute configurations posted as "Typicals" on the CITY's Buzzsaw
website. The typicals need not be sealed individually, if included in the sealed
contract documents.
■ If required, the ENGINEER will Develop supplemental traffic control drawings
as needed for review and approval by the Traffic Division of the
Transportation and Public Works Department. These drawings will be sealed
by a professional engineer registered in the State of Texas.
• 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 Subsurface Utility Engineering Levels A, B, C or D
• Services related to Survey Construction Staking
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary rights -of -entry.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACH6IENT A
RESIGN SERVICES FOR
WASTEWATER COLLECTION SYSTEM MASTER PLAN
CITY PROJECT NO.:104126
Y Construction Shop drawing review, samples and other submittals submitted by
the contractor.
• Services related to additional access locations, appurtenance assessment
locations, Wenner 4-pin locations, number of soil samples, and test pitting beyond
what is provided in the original scope of work.
• Services related to additional length of pipe for assessment beyond what is
provided in the original scope of work.
0 Services related to additional dry runs beyond what is provided in the original
scope of work.
• Services related to clearing brush or debris for access to pipe and appurtenances
of interest.
Services related to tapping the existing pipe for access.
S Services related to pavement repair design due to damage caused by providing
access or excavating test pits.
• Services related to additional finite element analysis (FEA) beyond what is
provided in the original scope of work.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
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ATTACHMENT B
COMPENSATION
Design Services for
Wastewater Collection System Master Plan
City Project No. 104126
Lump Sum Project
Compensation
A. The ENGINEER shall be compensated a total lump sum fee of $2,250,000 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.
IL Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
III. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department monthly progress reports and schedules in the format
required by the City.
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm
Primary Responsibility
Water Dept. Fees
%
Prime Consultant
Freese and Nichols, Inc. I
Prime 1
$ 1,402,764.00
62%
Proposed MBE/SBE Sub -Consultants
Streamwater Group
Flow Data Analysis
$ 189,860.00
8.44%
Aguaze Solutions
Wastewater Model Support
$ 49,920.00
2.22%
$ -
$ -
TOTAL
$ 239,780.00
10.66%
Non-MBEISBE Consultants
RJN Group
Flow Monitoring
$ 607,456.00
27%
$
$
$ -
TOTAL
$ 607,456.00
27%
GRAND TOTALI $ 2,250,000.00
Project Number & Name
Total Fee
MBEISBE Fee
MBEISBE %
WASTEWATER
COLLECTION SYSTEM
$ 2,250,000.00
$ 239,780.00
11%
MASTER PLAN - CPN No.
104126
City MBEISBE Goal = 10% Consultant Comitted Goal = 11.%
EXHIBIT "B-'I"
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 Fars Worth, Texas
Altachment B
PMO Official Release Dale: 8.09.2012
page 3 of 3
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ATTACHMENT "C"
CHANGES TO AGREEMENT
Wastewater Collection System Master Plan
City Project No. 104216
Not Applicable (No changes to Standard Agreement for Professional Services)
City of Fort Worth, Texas
Attachment C
Page 1 of 1
ATTACHMENT "D"
PROJECT SCHEDULE
Wastewater Collection System Master Plan
City Project No. 104126
Not Applicable. Project Schedules to be prepared by Design Engineers for each project.
A. ENGINEER Project Schedule Development
ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the
requirements of the Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled
Engineer Project Schedule.
ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned
sequencing of the work activity and timing of the work.
B. Schedule "Tier" Selection
City has identified three "Tier" levels for project schedules as defined in City's Specification
00 31 15, to align with the size and complexity of the project as a basis for schedule
development. City's Project Manager will determine the "Tier" level for the ENGINEER's
project schedule as part of the negotiation of the Agreement.
C. Project Baseline Schedule
ENGINEER will produce an initial project schedule and submit as a "baseline" for review
and acceptance by City's Project Manager as defined in City's Specification 00 31 15
which will be referred to as the Project Baseline Schedule. Updates to the baseline
schedule follow the requirements of City's Specification 00 31 15.
D. Project Progress Schedule
ENGINEER will provide to the City, monthly updates to their project schedule indicating
progress of the Work in compliance with the requirements of City's Specification 00 31 15
and said schedule will be referred to as the Project Progress Schedule.
E. Master Project Schedule
City will develop and maintain a master project schedule for the overall project.
ENGINEER's project baseline and progress schedule submittals will be an integral part of
the development and updating process of City's Master Project Schedule.
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
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ATTACHMENT "E"
LOCATION MAP
Wastewater Collection System Master Plan
City Project No. 104126
City of Fort Worth, Texas
Attachment E
Page I of I
ATTACHMENT "E"
DRAFT FIGURE 1 LJ
CITY OF FORT WORTH � �
SEWER BASINS AND
COUNCIL DISTRICTS I — i4 �� td r+116. x
LEGEND � ��
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Big Fossil Creek Sycamore Creek ` I 1 I _1 r, lip
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I
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ATTACHMENT "F"
CERTIFICATE OF INSURANCE
Wastewater Collection System Master Plan
City Project No. 104126
City of Fort Worth, Texas
Attachment F
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, December 13, 2022 REFERENCE NO.: **M&C 22-1052
LOG NAME: 60WWCMPU-FNI
SUBJECT:
(ALL) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of
$2,250,000.00, for the Wastewater Master Plan Update, Adopt a Resolution Expressing Official Intent to
Reimburse Expenditures with Proceeds of Future Debt, and Adopt Appropriation Ordinance to Effect a
Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Agreement with Freese and Nichols, Inc., in the amount of $2,250,000.00
to update the City of Fort Worth's Wastewater Master Plan Update Project (City Project No.
104126);
2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of
future debt for the Wastewater Master Plan Update project; and
3. Adopt the attached appropriation ordinance adjusting appropriations in the W&S Commercial Paper
Fund by increasing appropriations in the Wastewater Master Plan Update project (City Project No.
104126) in the amount of $2,250,000.00 and decreasing appropriations in the W&S Commercial
Paper project (City Project No. UCMLPR) by the same amount to effect a portion of Water's
Contribution to the Fiscal Years 2023-2027 Capital Improvement Program.
DISCUSSION:
On August 26, 2008, Mayor and Council Communication (M&C C-22997), the City Council authorized the
execution of an Engineering Agreement with Freese and Nichols, Inc., to prepare the Wastewater
Collection System Master Plan to evaluate the capability of the collection system to meet growth
projections through 2030. This evaluation included an updated Wastewater Collection System Capital
Improvements Plan with cost estimates and implementation schedule, identified additional wastewater
treatment capacity requirements, interceptors, and lift stations.
Since the previous Wastewater Collection System Master Plan, the City and its wholesale customers
within Fort Worth's wastewater service area have experienced significant growth and will require additional
wastewater infrastructure in the near future. Reassessment of the existing available treatment capacity to
serve these areas of the Fort Worth collection system and other future Capital Improvements Program
(CIP) considerations are required. In addition, the existing collection system lacks the conveyance and
pumping capacities to meet long-term demands in the wastewater service area.
Freese and Nichols, Inc., will identify future population and wastewater flows for each of the sewer basins,
conduct wastewater collection system modeling and capacity assessment for various scenarios, evaluate
needed infrastructure improvements, and recommend an updated wastewater CIP, which will include
triggers for implementation of projects and budgetary planning level costs.
The proposed wastewater master plan update is scheduled to be completed by the end of June 2024,
while the related water master plan is expected to be completed by July 2023.
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.
60WWCMPU-FNI
Budget
Capital
Project
FY 2023 CIP
Authority
Change
Revised FY
Fund Name
Name
Appropriations
(Increase/
2023 Budget
Decrease)
56021 —
104126
W&S
—WW
Master
$0.00
This M&C
$2,250,000.00
$2,250,000.00
Commercial
Plan
Paper
Update
Funding for the Wastewater Collection Master Plan Update project is depicted below:
Fund
Existing
Appropriations
Additional
Appropriations
project Total*
W&S
Commercial
$0.00
$2,250,000.00
$2,250,000.00
Paper - Fund
56021
Project Total
$0.00
$2,250,000.00
$2,250,000.00
*Numbers rounded for presentation.
Funding is currently available in the W&S Commercial Paper project within the W&S Commercial
Paper Fund for the purpose of funding the WW Master Plan Update project.
Business Equity: 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 percent.
The project is located in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that funds are currently available in the W&S Commercial Paper 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 WW Master Plan Update 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.
FUND IDENTIFIERS (FIDs),:
TO
Fund
Department
ccount
Projec
kctivity
Budget
Reference #
mount
ID
ID
I
Year.
(Chartfield 2)
FROM
Fund
Department
cc ount
Project
Program
ctivity
Budget
Reference #
mount
ID
ID
Year
(Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by_ Dana Burghdoff (8018)
Originating Department Head: Chris Harder (5020)
Additional Information Contact: Matt Kusnir (8219)
ATTACHMENTS
1. 60WWCMPU-FNI Compliance Memo.pdf (CFW Internal)
2. 60WWCMPU-FNI FID Table (WCF 11.01.22).xlsx (CFW Internal)
3. 60WWCMPU-FNI Form 1295.pdf (CFW Internal)
4. 60WWCMPU-FNI SAM.pdf (CFW Internal)
5. 60WWCMPU-FNI.docx (CFW Internal)
6.ORD.APP60WWCMPU-FNI 56021 AO23(r3).docx (Public)
7. PBS CPN 104126.pdf (CFW Internal)
8. Res.60WWCMPU-FNI (Rev).docx (Public)
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