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HomeMy WebLinkAboutContract 59119CSC No. 59119 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule municipality ("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Village Creek Water Reclamation Facility (VCWRF) Digester Improvements ("Project"). Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $821,636.00 ("Contract Amount") in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 1 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 2 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 3 of 9 working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City's Business Equity Ordinance 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), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its subcontractor(s). City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 4 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 5 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Chris Harder, P.E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Nick Lester, P.E. 801 Cherry Street Ste. 2800 Fort Worth, TX 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 8 of 9 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH .e,adta. Sui Dana Burghdoff (Mg 27, 20 25 CDT) Dana Burghdoff Assistant City Manager Date: Mar 27, 2023 ATTEST: Jannette S. Goodall City Secretary APPROVAL RECOMMENDED: By: Christopher arder (Mar 24, 2023 13:24 CDT) 1 Chris Harder, P. E. Director, Water Department BY: CONSULTANT Freese and Nichols, Inc. e 1,01/44-00 Nick Lester, P. E. Vice President Date: 03/24/2023 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-976871 BybBlack (Mar 27, 2023 14:24 CDT) M&C No.: 23-0197 Douglas W Black Sr. Assistant City Attorney M&C Date: 3/21/2023 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. Suzanne Abbe Senior Professional Engineer City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 9, 2021 Page 9 of 9 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A CONSTRUCTION PHASE SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 ATTACHMENT A Scope for Construction Phase Services Related Services for the Villaae Creek WRF Improvements CONSTRUCTION PHASE SERVICES FOR THE VILLAGE CREEK WRF DIGESTER IMPROVEMENTS CITY PROJECT NO.: 102652 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 6. Construction Phase Services Construction Work Milestones: Milestone 1 — New Flares and Condensate Vault Milestone 2 — New Digester Gas Dryer and H2S Scrubber Milestone 3 - Digester Mixing Improvements and existing Digester Rehabilitations Milestone 4 - Switchgear Control Building Rehabilitations Freese and Nichols, Inc. (FNI) will staff the project in the field as follows: • February 1, 2023 to May 31, 2023: As needed (285 hours) • June 1, 2023 to August 31, 2024: 40 hours per week (2598 hours) • September 1, 2024 to October 31, 2025: 32 hours per week (1940 hours) • November 1, 2025 to January 31, 2023: 20 hours per week (260 hours) • Part -Time Electrical Inspection & Start-up assistance: o Gupta and Associates: 293 hours o Freese and Nichols: 214 hours TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the projects as follows. 6.3 Construction Support Construction Manager/Inspector In performing these services, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. City of Fort Worth, Texas Attachment A PMO Release Date: XX.XX.XXXX Page 1 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 1. Pre -construction phase: Review for understanding the project contract documents (plans and specifications). 2. Participate in the pre -construction conference with the Contractor and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 3. Establish communication procedures with the Client and contractor and Engineer of Record (EOR). Submit daily reports of construction progress. Reports will describe construction progress in general terms. 4. Assist the EOR in the submittal process by verifying that the Contractor is aware of final status of the submittals. 5. Based on FNI's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that EOR should recommend Contractor be paid on monthly and final estimates. 6. Notify the Client and EOR of non -conforming work observed. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by Client and is not included in the services to be performed by FNI. 8. Notify the EOR of the need of interpretation of the drawings and specifications for Client and Contractor. Notify the Contractor of the EOR's interpretation in writing. 9. Assist the EOR in change modifications to the Contract Documents including written notification of Change Orders, Field Order or Work Change Directives. 10. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Client on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate, in assistance to the EOR, a settlement value with the Contractor on behalf of the Client if appropriate. 11. Conduct, in company with Client's representative and EOR, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 12. Provide the EOR with a set of red -line drawings to assist with the EOR producing the Record Drawings. 13. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedules of values prepared by Contractor and consult with EOR concerning acceptability. 14. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 15. Schedules: Review the baseline schedule and revised/updated schedules, schedule of shop drawing submittals, and schedules of values prepare by the Contractor and consult with the EOR concerning acceptability. 16. Conference and Meetings: Attend meetings (such as monthly progress meetings or job conferences) with the Contractor, EOR and Client and prepare and circulate copies of minutes thereof. 17. Liaison: a. Serve as the EOR's liaison with the Contractor, working principally through the Contractor's superintendent and assist the in understanding the intent of the Contract Documents (per the EOR); and assist the EOR in serving as the Client's liaison with the Contractor when Contractor's operations affect Client's on -site operations. b. Assist in obtaining from Client additional details or information, when required for proper execution of the Work. 18. Shop Drawings and Samples: a. Advice EOR and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if the submittal has not been approved by the EOR. 19. Review of Work, Rejection of Work, Inspections and Testing: a. Conduct on -site observations of the Work in progress to determine if the Work is in general proceeding in accordance with the Contract Documents. b. Report to EOR that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise EOR of Work the that should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 c. Verify that tests, equipment and systems start-up and operating and maintenance training are conducted in the presence of appropriate personnel, and the Contractor maintains adequate records thereof; and observe record and report to Engineer appropriate details relative to the test procedures and start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to Engineer. 20. Interpretation of Contract Documents: Report to EOR when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer 21. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Client, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment at the Site but not incorporated in the Work. 22. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Engineer for review and forwarding to Client prior to final payment for the Work. 23. Completion: a. Before EOR issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has performed inspections required by laws or regulations, ordinances, codes or order applicable to the Work, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Conduct a final inspection in the company of EOR, Client and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 24. Limitations of Authority of Resident Project Representative: a. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). b. Shall not exceed limitations of EOR's authority as set forth in Agreement or the Contract Documents. c. Shall not undertake any of the responsibilities of Contractor, Subcontractor, Suppliers, or Contractor's superintendent. d. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences, or procedures of construction unless such advice or directions are specifically required by the Contract Documents. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 e. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work or any activities or operations of Client or Contractor. f. Shall not participate in specialized field or laboratory tests or inspections conducted by others, except as specifically authorized by Engineer. 25. Electrical Inspection and Start-up Services a. Conduct inspections during all phases (milestones) of the project as request by the CMI b. Assist City and EOR during the start-up of equipment during all phases of the project. TASK 10. ADDITIONAL SERVICES. Engineer will complete additional tasks as defined in the above scope, as directed in writing by the City. The tasks will be performed for a fee agreed upon by the City and Engineer at the time of authorization. Should the required additional services scope of work exceed $39,758 Engineer will submit a request to cover the additional work required. ASSUMPTIONS • NTP issued on January 24, 2023. FNI to start services on February 1, 2023. • Construction duration is 3 years. FNI invoiced services will be for 32 months. • Contractor will not work weekends or conduct nighttime work. • CMI staff will not provide technical review. The EOR will process all submittals in the project PMIS, and upload to the CITY BIM 360 system. • City has a construction trailer on -site for the FNI construction staff OR City will provide offices at the WWTP for FNI construction staff. • EOR to provide FNI construction staff with one hard copy full size drawing set for each project and one hard copy half size set of drawings and electronic versions of each for each project. Two conformed specifications books also provided by the EOR. • Construction Materials Testing is contracted directly with the City OR under the contracts of the EOR. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and FNI agree that the following services are beyond the Scope of Services described in the tasks above. However, FNI can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the FNI because of any material change to the Scope of the Project City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 6 ATTACHMENT A DESIGN SERVICES FOR VILLAGE CREEK WRF DIGESTER IMPROVMEMENTS CITY PROJECT NO.: 102652 shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Services beyond the duration of the assumed construction durations noted within. • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Services related to Survey Construction Staking. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Review of Shop Drawings, samples or other submittals submitted by the contractor. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 6 ff&LES 801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491 January 25, 2023 Christopher Harder Director Fort Worth Water Department 311 West 10th Street Fort Worth, Texas 76102 Innovative approaches Practical results Outstanding service www.freese.com Re: Village Creek WRF - Digester Improvement Project Construction Phase Services — City Project No. 102652 Mr. Harder: Freese and Nichols is pleased to provide this proposal for the Construction Management & Inspection Services for the reference project. We understand the scope of the Work included in the project is summarized as follows: • Milestone 1: New flares and condensate vault • Milestone 2: New digester gas dryer and H2S scrubber • Milestone 3: Digester mixing improvements and existing digester rehabilitations • Milestone 4: Switchgear control building rehabilitations We understand the proposed duration to be 36-months starting on January 24, 2023. Kevin Sidebottom will be on site part-time finishing other FTW projects through May2023. The following fee includes the costs for the CM&I services per the Scope of Services in Attachment A. This fee is based an assumption of hours for the construction duration as indicated in Attachment A. Item Labor Project Management Senior Advisor (QA/QC) CM&I Electrical Inspection & Start-up Assistance Expenses Mileage Project Fee Total Sincerely, Chris Jones, P.E., CCM Vice President/Principal Attachments: Level of Effort (LOE) Scope of Work Fee $25,350 $2,625 $752,234 $29,853 $11,574 $821,636 ATTACHMENT B COMPENSATION Design Services for Village Creek WRF Digester Improvement Construction Phase Services City Project No. 102652 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non -labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category Project Management — Construction Manager V Senior Advisor Construction Manager IV — CM&I Construction Manager IV — Electrical Inspection and Start-up Rate ($/hour) $195 $175 $139.50 $139.50 * These ranges and/or rates will be adjusted annually in February. Last updated 2022. * ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department Daily progress reports and monthly schedule updates in the format required by the City. ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols Engineering Consultant $780,536 95% Proposed MWBE Sub -Consultants Gupta and Associates Electrical $41,100 5% Non-MWBE Consultants None Project Number & Name No. 102652 — Village Creek WRF Digester Improvement Construction Phase Services Total Fee $821,636 TOTAL $521,636 100% MWBE Fee $41,100 MWBE % 5% City MWBE Goal = 5% Consultant Committed Goal = 5 % Professional Services Invoice Project Manager: (Bill Pannell Project: Village Creek Digester Improvements Construction PI City Project #: 102652 City Sec Number: 1 Company Name: (Freese and Nichols, Inc. Supplier Instructions: Summary Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM: email: Supplier Invoice #: Office Address office address Payment Request#: Telephone: telephone Service Date:From Fax: fax Service Date:To Invoice Date: Remit Address remit address Sheet Work Type 1 Work Type 2 Work Type 3 Work Type 4 Work Type 5 Work Type 6 FID and Work Type Description Construction Services Totals This Invoice Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Amount Amount Date Amount Spent Previously Invoice Balance $821,636.00 $821,636.0C 5821,636.0C 5821 636.00 5821 636.00 5821 636.00 Overall Percentage Spent: Professional Project: City Project #: Work Type Desc: FID: City Sec Number: Purchase Order: Name: Services Invoice Project Manager: Bill Pannell Village Creek Digester Improvements Construc 102652 Construction Services Supplier Instructions: Supplier's PM: Supplier Invoice #: Payment Request #: Service Date:From Service Date:To Invoice Date: Pay Items 85 - Construction Services Freese and Nichols, Inc. Description Fill in green cells including Percent Complete and Invoiced Previously Quanities When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Office Address office address Telephone: telephone Fax: fax Remit Address: remit address Labor Totals This Unit: Agreement Amendment Amendment Amount Number Amount $821,636.00 S821,636.00 Agreement Amount to Date 5821,636.00 S821,636.00 LTD Completed Amount Overall Percentage Spent: Percent ($) Invoiced Current Remaining Spent Previously Invoice Balance $821,636.0C S821,636.00 Task No. Task Description Project Manager Rate $195.00 1.0 Project Management 30 1.1 Managing the Team 1.1.1 Internal Team Meetings 1.1.2 QA/QC 10.0 Construction Phase Services Construction Support Pre -Construction Phase Services CM&I Services Additional Services 10.1 Additional services Totals City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for Village Creek WRF Digester Project City Project No. 102652 Labor `hours) SA $175.00 15 15 15 15 CM&I $139.50 0 Elec Isp/Start- up $139.50 0 100 100 0 Total Labor Cost $8,475 $2,925 $5,550 4798 214 $718,674 $0 4798 214 $718,674 0 0 2851 0 $39,758 2851 $39,758 1301 151 50831 214 $766,907 Expense Travel MWBE Non-MWBE $0 $01 $0 Total Expense Task Sub Total Reproduction Cost $0 $41,100 $01 $11,574 $0 1 1 $41,1001 I $11,574 $0 $41,1001 $01 $0 $0 1 $01 $11,574 $0 $0 $0 $0 $52,674 $0 $52,674 $0 $0 $52,674 $8,475 $2,925 $5,550 $771,348 $0 $771,348 $39,758 $39,758 $819,581 Project Summary Total Hours 5442 Total Labor $766,907 Total Expense $52,674 MBE/SBE Subconsultant $41,100 5% Sub Markup $2,055 MBE/SBE Participation 5.00% Total Project Cost $821,636 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Village Creek WRF Digester Improvements City Project No. 102652 None City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I ATTACHMENT "D" SCHEDULE CONSTRUCTION PHASE SERVICES FOR THE VILLAGE CREEK WRF DIGESTER IMPROVEMENTS City Project No. 102652 City of Fort Worth, Texas Attachment D STAFFING PLAN FOR VILLAGE CREEK WRF PROJECTS m rn m m m m M m m V' v v V �+' a to 'n to Ln N Ul LA l/'1 Project Staff m N N N ry M N • N N N N N N rJ N N ry N N • N N N N N N N ry u1 N ry N N = f0 A N t14 a +✓ > u C J] N • N C CV tN C C N t14 LL i > C ¢ o z o LL • a z o LL ¢ ' a o Z VCWRF Lift Station Project & Force Main VCWRF Thicking Project VCWRF Grit Facility Project VCWRF Digester Projects Terry Hafer Kevin Sidebottom Kevin Sidebottom Kevin Sidebottom Milestone 1- Flares and Condensate Vault Milestone 2 - Gas Dryer and H2A Scrubber Part-time Electrical Inspection and Start-up Asst. Milestone 3 - Mixing Improvements and Rehab Milestone 4- Switchgear Building Improvements Part-time Electrical Inspection and Start-up Asst. Full-time Part-time to mid -May Part-time to mid -May II Part-time services on Grit and Thickening plus Milestones 1&2 during ramp -up. All effort to be billed to Grit and Thickening projects. Two RPRs on -site Full-time RPR on Lift Station. Full-time RPR (40 hours per week) on Milestone 1&2. Two RPRs on -site, y it y I One Full-time RPR on -site for One Part-time RPR (32 hours One Part-time Milestone 18,2 (40 hours per per week) on -site for Milestone RPR on -site for week) plus Part-time electrical 3&4 plus Part-time electrical Milstones 3&4 at RPR inspector and start-up RPR inspector and start-up 20 hours per assistance. assistance. week for closeout. Notes: Terry was contracted for 18 months which Is this month. He has been conservative with hours. Can strech current remaining budget to May 26, 2023. Likely need $90K amendment to finish project. Have $108K RE Budget that can use to get him to Feburary 2024. Kevin has 931 hours remaining In contract Only needs hours to get him to through May 2023. Gupta & Associates will provide 5% of the services of the total project cost and assist FNI with electrical inspection and start-up assistance. ATTACHMENT E VILLAGE CREEK WATER RECLAIMATION FACILITY (VCWRF) DIGESTER AREA W,LAMAR'BLVD 1 (L(OAKWOOD'/LN' PARK HILL DR SL 2021 ATTACHMENT "F" INSURANCE CONSTRUCTION PHASE SERVICES FOR THE VILLAGE CREEK WRF DIGESTER IMPROVEMENTS City Project No. 102652 City of Fort Worth, Texas Attachment F City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, March 21, 2023 REFERENCE NO.: **M&C 23-0197 LOG NAME: 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI SUBJECT: (CD 5 / Future CD 5) Authorize Execution of a Professional Services Agreement in the Amount of $821,636.00 with Freese and Nichols, Inc. for Construction Management Services for the Village Creek Water Reclamation Facility Digester Improvements Project 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 a professional services agreement in the amount of $821,636.00 with Freese and Nichols, Inc. for construction administration services for the Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652); and 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the W&S Revenue Bonds Series 2022 Fund by increasing estimated receipts and appropriations in the Village Creek Water Reclamation Facility Digester Improvements project (City Project No. 102652) in the amount of $821,636.00 and decreasing estimated receipts and appropriations in the Unspecified -All Funds project (City Project No. UNSPEC) by the same amount to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize a professional services agreement with Freese and Nichols, Inc. in the amount of $821,636.00 to provide construction management services which will include resident engineering and construction inspection for the Village Creek Water Reclamation Facility (VCWRF) Digester Improvements project (City Project No.102652). It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2023-2027 Capital Improvement Program, as follows: 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI: Capital Project Fund Name Name 56020 Rev Digester 102652 - Bonds Digester Series Improvements 2022 FY2023 FY2023 CIP Budget Change Revised Appropriations Authority (Increase/Decrease Budget Budget $0.00 This M&C $821,636.00 $821,636.00 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 the 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. Funding for the improvements project is depicted below: FUND W&S Rev Bonds Series 2021 - Fund 56019 W&S Rev Bonds Series 2022 - Fund 56020 W&S Commercial Paper - Fund 56021 Water/Sewer Gas Lease Cap Proj — Fund 53004 Project Total xisting Additional Appropriations Appropriations $1,020,150.00 Project Total* $0.00 $1,020,150.00 $1,396,796.00 $821,636.00 $2,218,432.00 $25,000,000.00 $0.00 $25,000,000.00 $16,763,858.00 $0.00 16,763,858.00 $44,180,804.00 $821,636.00 $45,002,440.00 *Numbers rounded for presentation purposes. Funding is available for appropriation in the Unspecified-AII Funds project within the W&S Rev Bonds Series 2022 Fund for the purpose of funding the Digester Improvements project. Business Equity — Freese and Nichols, Inc. is in compliance with the City's Business Equity Ordinance by committing to 5\% Business Equity participation on this project. The City's Business Equity goal on this project is 5\%. The project is located in COUNCIL DISTRICT 5 / Future COUNCIL DISTRICT 5. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified — All Funds project within the W&S Rev Bonds Series 2022 Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Rev Bonds Series 2022 Fund for the Digester Improvements 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 Account ID Project ID ProgramlActivity Budget Year FROM Fund Department iAccount ID Project ID CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Program Reference # Amount (Chartfield 2) Budget Reference # ?mount Year (Chartfield 2) ?mount Dana Burghdoff (8018) Chris Harder (5020) Suzanne Abbe (8209) ATTACHMENTS 1. 60VCWRF -FNI SAM.pdf (CFW Internal) 2. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI Comnliance.D df (CFW Internal) 3. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI 1295.pdf (CFW Internal) 4. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI FID Table (WCF 01.31.23).xlsx (CFW Internal) 5. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI funds availabilitv.ndf (CFW Internal) 6. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI MAP.pdf (Public) 7. 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI Updated FID.xlsx (CFW Internal) 8. ORD.APP 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA- FNI 56020 AO23(r2).docx (Public) 9. PBS CPN 102652.ndf (CFW Internal) 60VCWRF DIGESTER MIXING -FLARE -DOME IMPROVEMENTS CA-FNI FID Table Rec # Fund Dept # Account Project ID Activity Budget Year FIDs Bud i et) CF 2 Program Amount Purpose Xfer 12 I 2 I 12 I2 13 I 3 I 56020 0600430 56020 0700430 56020 0600430 56020 I 0700430 56020 4905147 4905147 Dept # Account 0600430 4905147 UNSPEC 102652 I UNSPEC 102652 I Project ID Activity UNSPEC 56020 0700430 4905147 102652 Rec # Fund Dept # UNSPEC 2023 2023 2023 2023 2023 2023 FIDs Actual CF 2 ($821,636.00) $821,636.00 ($821,636.00) $821,636.00 Program Amount Purpose Xfer $821,636.00 $821,636.00 E - No KK or GL Entries Needed Account Project ID Activity Budget CF 2 Program Amount Year 1&2 56020 0700430 5330500 1&2 56020 2060000 I I I I I I I 1 102652 C01730 102652 RETAIN 9999 $821,636.00 Contract Combo Code Purpose Xfer