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HomeMy WebLinkAboutContract 59319CSC No. 59319 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: 2022 Bond Year 3 Contract 19 — Project No. 104325. 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 $705,290.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 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 City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER 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, 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 City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 Revised Date: November 23, 2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements 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 William Johnson (M4 3, 202314:21 CDT) William Johnson Assistant City Manager May 3 2023 a FOnr Date: y oo...000000k v 10 avo �o coo ATTEST: op 000 00oid * d�II4 nEXA5o4p Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: mn Priew(May 207308:59 CDT) Lauren Prieur Director, Transportation and Public Works APPROVED AS TO FORM AND LEGALITY A l By:DBlack (May 3, 2023 14:08 CD I) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Freese and Nichols, Inc. l _�z� Seace Chris Bosco (May 1, 2023 20:27 CDT) Chris Bosco, PE Vice President Date: May 1, 2023 Form 1295 No. 2023-996033 M&C No.: M&C 23-0316 M&C Date: 4/25/2023 2022 Bond Year 3 Contract 19 CPN 104325 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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. Tingting Ren, P.E. Project Manager City of Fort Worth, Texas 2022 Bond Year 3 Contract 19 Standard Agreement for Engineering Related Design Services CPN 104325 Revised Date: November 23, 2021 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 ATTACHMENT A Scope for Engineering Design Related Services for Paving, Water and Sanitary Sewer Improvements DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 The scope set forth herein defines the work to be performed by Freese and Nichols, Inc. (ENGINEER) in completing the project for the City of Fort Worth (CITY). Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT Street CD Water and Sewer Map No Water LF Water Size Sewer LF Sewer Size Notes: Benbrook Blvd 9 90A, 90B 1,533 8" 146 8" Park Ridge Blvd 9 90A, 90B 1,437 8" Cockrell Ave 9 90B 539 8" E Beddell St 9 91 K 279 12" 581 8" E Gambrell St 9 91 K 1382 8" 1239 8" E Hammond St 9 91 K 1423 8" E Spurgeon St 9 91 K 267 8" E Felix St 9 91 P 554 8" IH 35W 9 91 P 1,628 8" Easement between University Dr & Cockrell Ave 9 556 8" Easement between Cockrell Ave & Park Ridge Blvd 9 566 8" TOTAL Water 7,619 LF TOTAL Sewer 4,511 LF City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 1 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 CITY OF FORT WORTH TPW DEPARTMENT PAVING REHABILITATION Street Limits Lane Planned Limited Full Cross Drainage Miles Rehab Paving Paving Section Analysis Procedure Design Design *** **** Benbrook Blvd Rogers Ave to 1.47 POL/ X Granbury Rd Concrete Evans Ave E Seminary Dr to E 1.27 POL/ X Felix St Concrete Park Ridge Blvd Bluebonnet Cir to 0.70 POL/ X Benbrook Blvd Concrete TOTAL 3.44 CITY OF FORT WORTH WATER DEPARTMENT PAVING REHABILITATION Street Limits Lane Miles Planned Rehab Procedure Limited Paving Design Full Paving Design Cross Section *** Drainage Analysis **** Cockrell Ave Park Ridge Ave to Benbrook Blvd 0.27 POL X E Beddell St South Fwy to Cole St 0.15 POL X E Gambrell St South Fwy to Cole St 0.14 POL X E Hammond St South Fwy to Cole St 0.14 POL X E Spurgeon St South FvVy to Cole St 0.15 POL X Felix St IH 35W to Fuller Ave 0.38 POL X IH 35W Beddell St to Felix St 0.6 POL X TOTAL 1.83 *Limited Design Projects Include: existing typical section, plan and profile sheets with the existing ground labeled as the proposed ground, and permitting requirements if applicable. **Full Design Projects Include: proposed typical section, plan and profile sheets with the proposed ground profile designed, and permitting requirements if applicable. ***Cross Sections Include: proposed cross sections taken at all driveways showing the proposed driveway slope and the limits of the driveways shown in plan view on the paving plan and profile sheets. Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. ****Drainage Analysis Includes: existing and proposed drainage area maps and drainage computations as detailed in the scope below. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 CITY OF FORT WORTH STORMWA TER DEPARTMENT PIPE REPLACEMENT Primary Secondary Ref. No. Per Planned Procedure Limited Street Street STMWTR Pipe Storm Assessment Design* 2022 Report Benbrook S University P1012827 Spot Repairs: X Blvd Dr 0 20 LF from MH005634 • 35 LF from MH005634 Park Ridge Cockrell Ave P1053666 Replace 124 LF of 18" RCP X Blvd from MH012374 to MH0005693 *Limited Storm Design includes: Removal Plan view and proposed plan view along with plan note(s) for pipe repairs or inlet replacement; No hydraulic analysis or calculations will be required for pipe repair being shown on plans; No pipe profiles will be required on plans. WORK TO BE PERFORMED This section includes design effort which will be shared between the Water Department and Transportation & Public Works Department. The consultant shall prepare two separate level of effort (LOE) spreadsheets and will provide their fees according to the departments which are responsible for that subtask. • Subtasks showing [Water] shall have all design fees on the Water Department LOE. • Subtasks showing [Water/TPW] shall split the design fees according to effort or sheet count between the two LOEs. • Subtasks showing [TPW] shall have all design fees on the TPW Department LOE. Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90% and 100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. ROW/Easement Services Task 8. Survey and Subsurface Utility Engineering Services Task 9. Permitting Task 10. Plan Submittal Checklists Task 11. Quality Control/ Quality Assurance City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change, ■ communicate effectively, ■ coordinate internally and externally as needed, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities. • Hold meetings and communicate internally among team members to allocate team resources. [Water/TPW] • Ensure quality control is practiced in performance of the work [Water/TPW] 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements [Water] • Conduct review meetings with the CITY at the end of each design phase. [Water] • Prepare invoices and submit monthly in the format requested by the CITY. [Water/TPW] • Prepare and submit monthly progress reports in the format provided by the Water Department and TPW. [Water/TPW] • Prepare and submit baseline Project Schedule initially as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. [TPW] • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. [TPW] • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. [Water] • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. [Water] ASSUMPTIONS City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 • 12 MWBE reports will be prepared • 4 meetings with city staff • 12 monthly progress reports will be prepared • 12 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) TASK 2. CONCEPTUAL DESIGN (30%). The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to ■ Study the project, ■ Identify and develop alternatives that enhance the system, ■ Present (through the defined deliverables) these alternatives to the CITY ■ Recommend the alternatives that successfully addresses the design problem, and ■ Obtain the CITY's endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. [Water] • The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. [Water] • ENGINEER will utilize existing meter data provided by the CITY. Field verification of existing meter numbers is not included as part of this scope. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. [Water] 2.2. Geotechnical Investigations ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY's geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. [Water] 2.3. Fire Line Reconnection A fire line reconnection is not anticipated to be necessary for the lines that have been identified and has therefore not been included in this scope of work. However, the ENGINEER understands that if a fire line is encountered during design survey, then the following procedure should be utilized for the reconnection of fire lines during design and construction of water mains: 2.3.1 All fire lines on existing water mains to be replaced shall be clearly identified on the plans and when necessary, detailed sequence of construction should be provided for the reconnection to ensure that affected properties have adequate fire protection during and after construction. The engineer may need to visit with affected property owners to obtain fire flow and pressure requirements and incorporate the data into the fire service reconstruction design (up to one meeting). [Water] 2.3.2 Design ENGINEER must coordinate with Water Field Operations during the design stage. For situations where the water main is removed and replaced in the same trench, special attention should be given to maintain adequate fire protection. A 2-inch temporary water line is grossly inadequate to feed a fire line. The transfer time of the fire line to the new water main must be kept to a minimum. Where necessary design and appropriate pay items must be provided for adequate temporary water service to feed fire service lines during construction. If there is any question about the adequacy of the temporary service to the fire line, then the inspector or project manager will request field operations to perform a -pressure test at the nearest fire hydrant or outlet to determine the adequacy of the temporary connections. If the temporary connection is inadequate to provide fire protection until the permanent feed is in place, the CITY will assess the situation and make a determination as to the appropriate action. [Water] 2.3.3 At pre -construction meeting, contractors should be informed of their responsibility to locate, identify and maintain fire service to applicable buildings. The proposed sequence of reconnection for fire lines should be discuss and enforced during construction. The City inspector shall also inspect the project site and take inventory of fire line locations. [Water] 2.3.4 During construction, the inspector shall notify Water Department Field Operations of the pending fire line shut down. In addition, the contractor must notify the local fire station and property owners of the time frame that the fire line will be shut down on company letter head and inspector shall receive a copy. No fire line shut outs will be allowed without this letter. [Water] City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 2.3.5 The project manager shall be responsible for the implementation and completion of this procedure. [Water] 2.4. The Conceptual Design Package shall include the following: • 1 Cover Sheet [Water] • Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. [Water] • Existing typical sections of the roadway to be constructed for streets designated as limited paving scope. Proposed typical sections which outline the proposed improvements for streets designated full paving scope. Typical sections shall include existing and proposed ROW, existing and proposed lane widths and direction arrows, existing and proposed curbs, sidewalks, and retaining walls. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the CITY or as directed by the CITY. [TPW] • Conceptual plan and profile sheets showing existing and proposed horizontal roadway alignments, existing and proposed ROW, existing and proposed sidewalks and driveways, proposed lane dimensions and lane arrows, existing drainage structures, city owned and franchise utilities as determined by dig-tess, and existing roadway vertical alignments (profiles). Since the street pavement is not being fully replaced, the ENGINEER will attempt to match the existing pavement elevation. The ENGINEER will attempt to not change the existing roadway drainage pattern. If the existing street has no curbs, super elevated typical sections may be considered to allow drainage to flow across the street. [TPW] • Estimates of probable construction cost. Estimates should be done by street. [Water/TPW] • Documentation of key design decisions. [Water] ASSUMPTIONS • 0 Geotechnical borings are included in this scope. Pavement cores will be provided by in-house CITY crews. • 2 half size copy 11 "x17" copies of the conceptual design package (30% design) will be delivered. PDF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and revise the report, if needed. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 DELIVERABLES A. Conceptual Design Package B. Estimates of probable construction cost. TASK 3. PRELIMINARY DESIGN (60%). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: Cover Sheet [Water] A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). [Water] Overall project easement layout sheet(s) with property owner information. [Water] Overall project water and/or sanitary sewer layout sheets. The water layout sheet shall identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet shall identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. [Water] • Overall water and/or sanitary sewer abandonment sheet. [Water] • Updated existing and proposed typical section sheets. [TPW] • Updated roadway plan and profile sheets displaying station and coordinate data for all horizontal alignment P.C.'s, P.T.'s, P.I.'s; station and elevation data of all vertical profile P.C.'s, P.T.'s, P.I.'s, low points, and high points; lengths of vertical curves, grades, K values, e, and vertical clearances where required. [TPW] • Preliminary roadway details to include curbs, curb expansion joints, driveways, sidewalks, and pavement details. It is assumed that the proposed roadway section will be POL or MOL depending on the geotechnical report provided by the CITY or as directed by the CITY. ENGINEER will provide any necessary details not provided in city standard details. [TPW] • Driveway cross sections will be required for streets listed in the scope definition above, to determine the driveway limits. Proposed cross sections should be provided for all driveways and the proposed driveway slope shown. The limits of the driveway replacement should be shown in plan view on the paving plan and profile sheets. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 Streets not selected to include cross sections, shall assume driveway replacement to the ROW line on the plan and profile sheets. [TPW] • Preliminary signing and pavement marking notes, if applicable. [TPW] • Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc., in the same coordinate system as the Control Points. [Water] • Bench marks per 1,000 ft of plan/profile sheet — two or more. [Water] • Bearings given on all proposed centerlines, or baselines. [Water] • Station equations relating utilities to paving, when appropriate. [Water] • Plan and profile sheets which show the following: proposed water and/or sanitary sewer plan/profile and recommended pipe size, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, manholes, existing meter numbers and sizes that are to be replaced, existing sample locations, existing fire line locations, existing utilities and utility easements, and all pertinent information needed to construct the project. Legal description (Lot Nos., Block Nos., and Addition Names) along with property ownership shall be provided on the plan view. [Water] The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within CITY right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. [Water] The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a bid item to that effect. In all options, the ENGINEER shall propose appropriate de -hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. [Water] Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 documents shall specify that it is the Contractor's responsibility to coordinate utility location, etc. manhole construction. [Water] The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY's specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. [Water] 3.2. Constructability Review • Prior to the 60% review meeting with the CITY, the ENGINEER shall schedule and attend a project site visit with the CITY Project Manager and Construction personnel to walk the project. The ENGINEER shall summarize the CITY's comments from the field visit and submit this information to the CITY in writing. [Water/TPW] 3.3. Public Meeting After the preliminary plans have been reviewed and approved by the CITY, the ENGINEER shall prepare project exhibits, and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location, prepare and mail the invitation letters to the affected customers. The ENGINEER needs to coordinate with the CITY's project manager to format the mailing list of all affected property owners accordingly. [Water/TPW] 3.4. Utility Clearance • In the case of a private Utility Conflict, the ENGINEER will provide a PDF set of plans with the utility conflicts highlighted and a Utility Conflicts Table of those conflicts to be included in a Utility Clearance Letter for coordination at each design milestone. The ENGINEER may need to coordination directly with the private utility provider if that provider needs to undertake design to adjust their utility's location. [TPW] • The ENGINEER shall upload individual PDF files for each plan sheet of the approved preliminary plan set to the designated project folder in the CITY's document management system (BIM 360) for forwarding to all utility companies which have facilities within the limits of the project. [Water/TPW] • The ENGINEER shall visit the site during utility relocation to verify the location of re- located facilities is acceptable and report any discrepancies found. Survey verification is not included. [TPW] 3.5. Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's Project Resources website. The typicals need not be sealed individually, if included in the sealed contract documents. [Water] • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. [Water] City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 3.6. Estimates of probable construction cost. Estimates should be done by sheet. [Water/TPW] ASSUMPTIONS • 1 public meeting(s) will be conducted or attended during the preliminary design phase. • 2 Utility verification site visits(s) will be conducted during the project. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 2 project specific traffic control sheets will be developed. • 1 sets of 11x17 size plans will be delivered for the Constructability Review. • 2 sets of 11 x17 size plans will be delivered for the Preliminary Design (60% design). • 2 sets of specifications will be delivered for the Preliminary Design (60% design). • PDF files created from design CAD drawings will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • All submitted documents and checklists will be uploaded to the designated project folder in the CITY's document management system (BIM 360). • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications if needed. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Estimates of probable construction cost E. Data Base listing names and addresses of residents and businesses affected by the project. F. Public Meeting Exhibits TASK 4. FINAL DESIGN (90% and 100%) . Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: 4.1. For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. [TPW] City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 4.2. Draft Final plans (90%) and specifications shall be submitted to CITY per the approved Project Schedule. [Water/TPW] 4.3. Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. [Water/TPW] 4.4. The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items, as applicable. [Water/TPW] 4.5. Documentation of key design decisions. [Water] ASSUMPTIONS • 2 sets of 11 x17 size drawings and 1 set of 22x34 size drawings and 1 set of specifications will be delivered for the 90% Design package. • A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in the CITY's document management system (BIM 360). • 10 sets of 11 x17 size drawings and 2 set of specifications will be delivered for the 100% Design package. • A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the CITY's document management system (BIM 360). • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in the CITY's document management system (BIM 360). DELVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY's standard bid items and format. The paving quantities and estimate should be street by street. D. Original cover mylar for the signatures of authorized CITY officials. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto the CITY's document management system (BIM 360) for access to potential bidders, sell contract documents and maintain a plan holder list. [Water] • Contract documents shall be uploaded in a .xIs file. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 Unit Price Proposal documents are to be created utilizing city's unit price tool only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to the CITY's document management system (BIM 360) in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on the CITY's document management system (BIM 360) from documents sold and from Contractor's uploaded Plan Holder Registrations in the CITY's document management system (BIM 360). The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's the CITY's document management system (BIM 360) folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders' questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto the CITY's document management system (BIM 360) and mail addenda to all plan holders. [Water] • Attend the prebid conference in support of the CITY. [Water/TPW] • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. [Water] • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. [Water] • Attend the bid opening in support of the CITY. [TPW] Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet are to be uploaded into the project's Bid Results folder on the CITY's document management system (BIM 360). [Water] • Incorporate all addenda into the contract documents and issue conformed sets. [Water/TPW] 5.2. Final Design Drawings 1. Final Design Drawings shall be submitted in both Adobe Acrobat PDF format (version 6.0 or higher) format and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 drawing files and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in the CITY's document management system (BIM 360) 2. In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name — "W-1956_SHT01.dwg", "W-1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X-12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Construction documents will made available on the CITY's document management system (BIM 360) for plan holders and/or given to plan viewing rooms. 5 sets of 11x17 size and 6 sets of 22x34 size drawings plans and 5 specifications (conformed, if applicable) will be delivered to the CITY. PDF and DWG files will be uploaded to The CITY's document management system (BIM 360). DELIVERABLES A. Addenda B. Bid tabulations C. Final iSWM Checklist City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 D. CFW Data Spreadsheet E. Recommendation of award F. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. [Water] • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY shall select a suitable location and mail the invitation letters to the affected customers. [Water] • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress (up to 15 site visits). [TPW] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, respond to Request for Information (RFI) from the contractor (up to three), and make recommendations as to the acceptability of the work. • The ENGIENER will meet with the Project Delivery Team and Contractor on -site to review any field changes. • ENGINEER shall obtain from the CITY's document management system (BIM 360) and review project specific soils and compaction testing information and compare it to the geotechnical bore data collected on the project. The ENGINEER shall, when applicable, also review pipeline rehabilitation installation logs and associated materials that the CITY provides. [Water] • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. [Water/TPW] • The ENGINEER shall attend the "Final" project walk through and assist with preparation of final punch list. 6.2 Record Drawings [Water/TPW] • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from CITY Inspector City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 o Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, in Adobe Acrobat PDF format and in DWF format. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the digital files. I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in the CITY's document management system (BIM 360). • For information on the proper manner to submit files and to obtain a file number for the project, the ENGINEER should coordinate with the CITY project manager. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • One (1) Public Meeting is assumed. • 3 RFI's are assumed. DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Shop Drawings D. Final Punch List items E. Record Drawings in digital format TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research [Water] • The ENGINEER shall determine rights -of -way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal [Water] • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition • The documentation shall be provided in conformance with the checklists and templates available on the CITY's Project Resources website. 7.3. Temporary Right of Entry Preparation and Submittal [Water] • Prior to construction, the ENGINEER shall prepare and submit Temporary Right -of - Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM 360 site. ASSUMPTIONS • 20 Permanent Easements documents will be necessary. • 20 Temporary Construction Easements will be necessary. • 20 Temporary Right -Of -Entry letters will be necessary. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 17 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 Right -of -Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES. ENGINEER will provide survey support as follows. 8.1. Design Survey [Water/TPW] ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • The minimum survey information to be provided on the plans shall include the following: - A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: - The following information about each Control Point; a) Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod) b) X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. c) Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). - Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 18 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 - No less than two horizontal bench marks, per line or location. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 8.2. Subsurface Utility Engineering (When Requested and As Requested) [TPW] • ENGINEER will perform Quality Level B (QL-B) SUE utilizing the appropriate surface geophysical methods to determine the existence and horizontal position of virtually all utilities with the project mains. For this project QL-B shall be limited to gas mains and gas service lines. 8.3. Additional Services [Water & TPW] • ENGINEER will perform engineering and survey services as requested by the CITY. These services will require prior authorization from the CITY project manager. • Engineer will complete additional tasks not 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 scope of work exceed $50,000, Engineer will submit a request to cover the additional work required. • Additional services as directed by the CITY shall be up to $20,000 for TPW and up to $30,000 for Water. ASSUMPTIONS • Topographic survey at intersection will include no more than 100 ft. in each direction. • Normal minimal traffic control is included. Traffic control requiring lane closures, traffic detouring, flag persons, police, etc., is considered special traffic control measures and will be considered additional services if required. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Texas Department of Transportation (TxDOT) Local On -system Agreement (LOSA). Coordination is required for project construction is within TxDOT right-of-way or adjacent such that traffic control would be within TxDOT right-of-way. ENGINEER shall provide TxDOT permitting support for the CITY, as follows: City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 19 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 • Conduct and document 1 project meeting with TxDOT. • Support the CITY in the execution of the Local On -System Agreement by preparing necessary construction cost estimates and exhibits to TxDOT. • A Local On -System Agreement (LOSA) applies to a construction project located on the state highway system right of way for which the CITY is contributing all funds and managing or performing all engineering and construction activities. • The role of districts on LOSA projects is to approve the proposed improvements prior to commencement of construction, to authorize the CITY to commence construction on state right of way, and to verify that the completed improvements meet applicable design and construction standards. Local Government / CITY Project risk assessment, oversight level, and district verification of Local Government / CITY compliance with state and federal requirements for consultant selection and contracting do not apply to projects with a LOSA. 9.2. Texas Department of Licensing and Regulation (TDLR). This is required for projects with sidewalk construction over $50,000 [TPW] • Identify and analyze the requirements of the Texas Architectural Barriers Act, Chapter 68 Texas Administrative Code, and become familiar with the governmental authorities having jurisdiction to approve the design of the Project. • Submit construction documents to the TDLR • Completing all TDLR forms/applications necessary • Obtain the Notice of Substantial Compliance from the TDLR • Request an inspection from TDLR or a TDLR locally approved Registered Accessibility Specialist no later than 30 calendar days after construction substantial completion. Advise the CITY in writing of the results of the inspection. • Responding to agency comments and requests ASSUMPTIONS • Permit preparation will begin after approval of the Conceptual Design. • Assumes (1) TxDOT LOSA permit. • All costs associated with TDLR plan review and inspections are to be paid by the ENGINEER during the course of the project. • ENGINEER is responsible for providing plans that are in compliance with TDLR requirements. DELIVERABLES A. Provide TDLR plan reviews and make required changes. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 20 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 B. Provide for timely inspection by a Registered Accessibility Specialist prior to the construction final inspection. C. Copies of Permit Applications TASK 10. PLAN SUBMITTAL CHECKLISTS ENGINEER shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control "A" Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90% Attachment Signal Water Water (Submit (Submit Engineering Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @ 60%) Required for all work in CITY ROW Street X X X X V X X X X Storm Water X X X X X Water / Sewer X X X X TASK 11. QUALITY CONTROL / QUALITY ASSURANCE ENGINEER to provide to the CITY a Quality Control/ Quality Assurance Plan (QC/QA Plan) outlining the ENGINEER's method of ensuring the highest levels of design and accuracy are incorporated into the calculations, plans, specifications, and estimates. ENGINEER is responsible for and shall coordinate all sub consultant activity to include quality and consistency of plans. If, at any time, during the course of reviewing a submittal of any item it becomes apparent to the CITY that the submittal contains errors, omissions, and inconsistencies, the CITY may cease its review and return the submittal to the ENGINEER immediately for appropriate action. A submittal returned to the ENGINEER for this reason may be rejected by the CITY Project Manager. 11.1. QC/QA of Survey and SUE Data • The ENGINEER's Surveyor shall perform Quality Control/ Quality Assurance on all procedures, field surveys, data, and products prior to delivery to the CITY. The CITY may also require the ENGINEER's Surveyor to perform a Quality Assurance review of the survey and/or subsurface utility engineering (SUE) work performed by other surveyors and SUE providers. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 21 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 • ENGINEER's Surveyor shall certify in writing via a letter that the survey information provided has undergone a Quality Control/ Quality Assurance process. • ENGINEER's Subsurface Utility Engineering provider shall certify in writing via a letter that the SUE information provided has undergone a Quality Control/ Quality Assurance process. 11.2. QC/QA of Design Documentation • ENGINEER shall perform a QC/QA review of all documents being submitted for review at all stages of the design including the 30%, 60%, and 90% and Final Document design review submittals. QA should be performed by an individual within the firm who is not on the design team. ENGINEER is to acknowledge that each item on the Detailed Checklist has been included by checking "done" on the checklist. If a particular checklist item is not applicable, this should be indicated by checking "N/A". If an entire checklist is not applicable, this should be indicated by checking every item on the list as "N/A" and still included with the submittal. The ENGINEER shall use the Detailed Checklist provided by CITY. • A Comment Resolution Log must be used to document conflicting comments between reviewers and to highlight comments made by the CITY that the ENGINEER is not incorporating into the design documents along with the associated explanation. The ENGINEER shall use the Comment Resolution Log provided by CITY. The documentation of a QC/QA review includes (1) a copy of the color -coded, original marked -up document (or "check print") developed during the QA checking process and/or review forms which sequentially list documents and associated comments; and (2) a QC sign -off sheet with signatures of the personnel involved in the checking process. Mark-ups may also be documented using the Comment Resolution Log. • Evidence of the QC/QA review will be required to accompany all submittals. Documentation shall include, but is not limited to, the following items: - PDF of the completed Detailed Checklists - PDF of the QC/QA check print of the calculations, plans, specifications, and estimates demonstrating that a review has been undertaken; - PDF of previous review comments (if any) and the ENGINERR's responses to those comments in the Comment Resolution Log. • If any of the above information is missing, is incomplete or if any comments are not adequately addressed; the CITY may contact the ENGINEER and request the missing information. If the ENGINEER does not respond to the request within 24 hours, the CITY shall reject the submittal. No additional time will be granted for a returned submittal. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 22 of 23 ATTACHMENT A DESIGN SERVICES FOR 2022 BOND YEAR 3 CONTRACT 19 CITY PROJECT NO.: 104325 • If the ENGINEER has not adequately addressed the comments, the submittal shall be rejected and returned to the ENGINEER immediately to address the issues. ASSUMPTIONS • All submittals to the CITY will be Quality checked prior to submission. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICE Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during construction phase • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits not already included above (ie.TRA, railroad, etc.) • Services related to Survey Construction Staking. • Services related to acquiring real property including but not limited to easements, right-of- way, and/or temporary right -of -entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Review of Change Orders • Environmental services. • Services related to Survey Construction Staking or Construction Control Staking. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 23 of 23 ATTACHMENT B COMPENSATION Design Services for 2022 Bond Year 3 Contract 19 City Project No. 104325 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $705,290.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, Water Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Fee Amount % Freese and Nichols, Inc. Design Services Proposed MWBE Sub -Consultants $506,115.00 71.76% Salcedo Group, Inc. Topo Survey/ Survey Docs $177,600.00 25.18% The Rios Group, Inc. Subsurface Utility Engineering $20,500.00 2.91% Non-MWBE Consultants GAP Consultants Inc. TDLR Permitting $1,075.00 0.15% TOTAL $705,290.00 100% Project Number & Name Total Fee I MWBE Fee I MWBE % 104325 — 2022 Bond Year 3 Contract 19 1 $ 705,290.00 $ 198,100.00 1 28.09% City MWBE Goal = 20% Consultant Committed Goal = 20.00 % City of Fort Worth, Texas Attachment B 2022 Bond Year 3 Contract 19 Revised Date: 12/9/2022 CPN 104325 Page 2 of 3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 2022 Bond Year 3 Contract 19 CPN 104325 � E E 2 k \ � LE LO K ƒ k E 0 ] / k F- 2 $ e Jf \§ CL \\ _ I�� ( \\{ � � _0CL _ c § - _- ) - } / f E() §0 § J{ J k /0k) } 2 / m : ( k® li =2 0 ■� � )) Sqr 33 \�/ / = a- ii %| § k E &)�%( � E \% IL >2aaa v) g�� j3 2 °� >%o\� k _ JCL o a aQk�Q� z 22IL Con 2_ 224 � kf J_ )> @CL )� 77 �EE o E �E |2 20 E |R ]| JZ K)} fJa $ a k 3 � _ a \\ \\ 0 Co lo ( 0 \ \\\ \ - % ; - ( \ - \\\ IL , }/L '00 % 7 k(/) / 0: \ O r $\ o - /\ \ �I ) °C\j°� } ■ % \\I \ ) m (D .. ° 2� kk IL>0 \ �2 > -fwcoo a mE¢ °- CL E = \>o'>1 aG� J ƒ3 v/IIIa ƒkk) Q ;2} � r] JI )> @IL )U) qEE Go K{a\ (k0- «« §2 ]k }� §] ]§ Ez « &o LO |E 2 ) R k 2 { � a L_ O U N j °1 £ c 0 10 0 3 T O D T D a a 3 O O > A a a` m a N N N O o O f0 C � c A 6 _ y N a o N r E c o m d a u10i N � d � a a = o LL m rn y c £ a o OI D O C 3 E N d U i N o N d> D o d a c c N ai d^ U IL V1 IL U N N N N a a a Q a � a0 a _dQ �i V d x (� L NOHLL O: Q O U C'7 d � U O > O o a � � — O d G� Lo 3 N U N M E O a d N co i tl1 p x6o 'N Ea ccUOOO Z �ocdd� �y ai U �a z0 N T m a>d ioioia N.EQ:QQQ or O pa�..�cLi N R Q. E N N y N N y cLaE.+c+2 O Q O 3 d dU3riUa U 7 3 m N N> unwaunw_= C N O uoi E U _ C 0 O R R � (D m C m d V L ; 3 = U — a _ U_ N O 3 > O C > in a` c = � d Lm w IL a w C Q N 7 F O. O J o a U C 0 O N E _. o ` O p - a a C E = O O O Ea a C E a E c � E Z a 0 � � r d C 7 � 0 d v £ as O .Q .0 G d c a m \\ \\ co lo ( 00 \ \\\ \ - :50 ; w )/% \ - \\\ IL , }/) o w % 0 E )0 \ LL � \ O r $\ o - /\ \ �I t ( : q) k \ ) (D co64 .. m ° 2� kk �§}LL 2(� \ �2 > [ -f�coo a- CL E = \>o'>1 a aGLIL J v I° ƒkk) /II ;2} � r] JI )> @IL )U) -J/k G� K{a\ (0 «« §2 ]k /} 82 ]§ Ez « 4) o 2E 2 { R k 2 { � g � A :E k � |\ §gay! - |- - - |- - - - -- I ... ..... . . ._ .. . \y...|. } - ��|����■�������������������� El �)| J €o 3$ g Esc$ �gR 439 ��a Mill 11 Millii ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 2022 Bond Year 3 Contract 19 City Project No. 104325 No changes or amendments to the Standard Agreement. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 rn R N ` E ?� E Y 8 � q R .`v d � r s" g— d a E E m i Y E O f f � I J r C L t m E � E "e r a d v E. a n a 2 E y ;ao «_ `= C L= d a °� E ��PIIP PP1 PPP ICI PP IPI P 1 PP P11 P P IP i 1P1PP 1 1111� 1 pe s� R �pM m 4RR R MAM �^,R°M'SQ dB W i c - E '$ � o G � �' 3 ♦ ♦ 19 ; _ ; ¢ $ � u E S — r r _ E E E E 0 f � 24— IIr� I J L r c Jt2 E 7F _ e r ry 7F:E 3 IT E u .q 3o m 2Em3 3o=gE�Qm 3 E� E W_?3a E > z o o Bzao O c z 3 - IT w f gA E W U N C O M N } C O m _ r xE e y a � s � �, % Nor ,■ - � E � n a s � � 3 w o c 3 v —asa f as Q ♦♦ s a e i a ` 3 qq E � � I R q C _ r r _ E E E E 0 � f R - I r o f o o = E - �o $ $ 3€ 3 3 3 3 3 3 m 3 3£€ 3€ s LL LL s 3< 3€ € 3 3 3€ Bo >i. S 5'. 5m AB S.a 5Sa r = c J c a- 2 N 2 2' - n - ,10 co n E v m _ E _ E a c A E A n 8 -- .-°_, o a `o q .o n u _ ' 3 2? n y t f m3 a it oo �'��,- V 3_ �¢""� m $ �a uu n o��uLL u _ �LLzm mo S a o o_.m n u u m f gA cp f CP E ti Attachment E FORTWORTH 2022 Bond Year 3 Contract 19 1 CPN # 104325 � CD #9/Future CD #9 ' LU � '�;�` Y= .�., idnity �- REM IDIEVITTA w �. ! � �w Q EI iask, Y .4a U �{ i:01r,17�q rED • ` BENBRO.OK 2, Rol Ilii I MISSION ll"U Ca i� 3 l7l4 �� V k. BEWICK IF m BIDDISON �� �° BIDDISON_; ;. .�. Aq , j7� Pavement Projects Major & Minor Streets 1• t 1, Channels Street Map ID From To Source q k' 1 Rodgers Ave GranburyRd Bond yt �~ Railroads N 2 Bluebonnet Cir Benbrook Blvd Bond Ir Park Boundaries 3 Park Ridge Blvd Benbrook Blvd water_ = Property Boundaries 4 Benbrook Blvd Bluebonnet Cir Water " �k Data S... r,CFWG1S.N,,h,aP2022, Ge"era`ad March 2023 Amy La Ma, TPWR.,m ss S.pp-Sc ces 5 brook Blvd Bluebonnet Cir Water 0 0.06 0.12- Miles Attachment E FORTWORTH� 2022 Bond Year 3 Contract 19 1 CPN # 104325 CD #9/Future CD #9 r ,e `r 1 'gHORNHIL' ��( 1 01 � �., ;� "I r �r•� 1. ;� . aid":. x �IT tr 4 .ii"I T X `9 - °i: Q W ZI z W QW O�. ` 7 W J J m—BED.DELL HAM z I I I M i"�t :_ "j lye® r �t-•f II «, P II i, ; ' � y 1 1 �,'! _ = GAMBR m N � � � O ,. W T I t� I I• r � 1 It g a �, i. �." Q z SPURGEON i` ioitrr � �� "" m +p II I _._ r.► _ z 11� P L IQN U �/J 7IL UO JillEEEF— T= 'ArO 0 U 4 1 FEL,IX It'a Pavement Projects - -Major & Minor Streets III Channels Railroads t N Park Boundaries Property Boundaries NUS... a CFW G IS, N.—p 20221 Generated M—h 2023 P y L3M3f,TM Business Support S-- 0 O.o7 0.14 Miles -'6 6 CPRDINA` RIDGE FULLER .NN cin�ity d p WI i BERKE- ; . N "- Street Map ID From To Source 6 7 ESemi naryCir South Fwy EFelix St Cole St Bond Water 8 South Fwy Cole St Water 9 South Fwy Cole St Water 10 South Fwy Evans Ave Water 11 IH 35W Fuller Ave Water 12 Beddell St E Felix St Water AF /":'T- WWillill0l EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 4/24/23, 3:41 PM M&C Review CITY COUNCIL AGENDA Create New From This M&C DATE: 4/25/2023 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort Worth, Texas FoRTWORyn **M&C 23- LOG NAME: 202022 BOND YEAR 3 - 0316 CONTRACT 19 - FNI CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9 / Future CD 9) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc. in the Amount of $705,290.00 for Combined Water, Sanitary Sewer, Stormwater and Street Paving Improvements for 2022 Bond Year 3-Contract 19 Project, Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to and Amend the Fiscal Years 2023-2027 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of an engineering agreement with Freese and Nichols, Inc. in the amount of $705,290.00 for combined water, sanitary sewer, stormwater and street paving improvements for 2022 Bond Year 3-Contract 19 project (City Project No. 104325); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $644,475.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Bond Year 3-Contract 19 project (City Project No. 104325) to effect a portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvement Program; 3. Adopt the attached appropriation ordinance adjusting appropriations in the 2022 Bond Program Fund by increasing appropriations in the 2022 Bond Year 3- Contract 19 project (City Project No. 104325) in an amount of $549,650.00 and decreasing appropriations in the Street Improvement -Deteriorating Streets programmable project (City Project No. PB0019) by the same amount; 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Stormwater Capital Projects fund by increasing estimated receipts and appropriations in the 2022 Bond Year 3 - Contract 19 project (City Project No. 104325) in the amount of $20,000.00 and decreasing estimated receipts and appropriations in the Drainage Improvements programmable project (City Project No. P00043) by the same amount; and 5. Amend the Fiscal Years 2023-2027 Capital Improvement Program DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the preparation of plans and specifications for this Year 3 Neighborhood Streets Improvements project associated with the 2022 Bond Program. For 2022 Bond Year 3 - Contract 19 project, this includes water, sanitary sewer, stormwater and street paving improvements on 4.67 lane miles, on the following streets: Street From 7_ Benbrook Boulevard Rodgers Avenue Evans Avenue E. Seminary Drive Park Ridge Boulevard Bluebonnet Circle Cockrell Avenue* Park Ridge To Scope Granbury Pav ni g aW/ ter/Sewer/Stormdrain Road E. Felix Street Paving Benbrook Pavi ng/Water/Stormd rain Boulevard Benbrook Paving/Water apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30943&counciIdate=4/25/2023 1 /4 4/24/23, 3:41 PM M&C Review Boulevard Boulevard E. Beddell Street* South Freeway Cole Avenue Paving/Water/Sewer E. Gambrell Street* South J Freeway Cole Street Paving/Water/Sewer E. Hammond Street* SouthFreeway Cole Street Paving/Sewer E. Spurgeon Street* Douth �F Evans Paving/Water Freeway Avenue Felix Street* [H 35W Fuller Avenue Paving/Water IH 35W* Beddell Street Felix Street Water Easement between University Drive & Cockrell IBenbrook Bluebonnet Sewer Avenue* Boulevard Circle Easement between Benbrook Bluebonnet Cockrell Avenue & Park Boulevard Circle Sewer Ridge Boulevard* *As part of the CIP project, the Water Department will replace cast iron water mains and/or deteriorated sanitary sewer mains as indicated. The storm drain component of this project will make point repairs to portions of storm drain in need of rehabilitation and will replace a segment of vitrified clay storm drain pipe with reinforced concrete pipe. This work will extend the life and performance of the system. In April 2020, the Transportation and Public Works Department (TPW), Capital Delivery Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Forty-six consultants responded to the RFQ for the Planning, Design and Construction Services for Neighborhood Streets Projects area with Statements of Qualification (SOQ). An evaluation team of City staff subject matter experts from the Capital Delivery Division of TPW scored the SOQs based on company experience, prior projects, workload and team experience. A pool of nineteen consultants were prequalified for Neighborhood Streets projects based upon these scores. In an effort to match consultants with projects' specific scope, TPW asked the consultants to submit a response to a Request for Additional Information (RFAI) highlighting their proposed design schedule, sub -consultant availability, and project manager workload among other potential project elements. Respondents to the RFAI were scored and based on this scoring, Freese and Nichols Inc., was selected as the most qualified consultant to perform design services for this project. The Transportation & Public Works Department's share on this contract is $303,050.00 (Paving: $292,400.00; Stormwater: $10,650.00). The Water Department's share on this contract of $402,240.00 will be available in the Water & Sewer Capital Projects Fund for the project (City Project No. 104325) In addition to the contract amount, $508,835.00 (Water: $112,675.00, Sewer: $129,560.00, Paving: $257,250.00, Stormwater: $9,350.00) is required for project management, utility coordination and material testing. This project will have no impact on the Transportation and Public Works' annual operating budget nor on the Water Department's operating budget when completed. Design is expected to start in June 2023 and completed by September 2024. Construction should commence in February 2025 and be completed in May 2026. The action in this M&C will amend TPW's contribution to the Fiscal Years 2023-2027 Capital Improvement Program as follows: Capital Fund Name Project Name FY2023 CIP 2022 Street Impry - Bond Deteriorating Program - Sts - PB0019 Appropriations $44,335,041.00 Budget Change Revised Increase/Decrease FY2023 Budget $549,650.00 $43,785,391.00 apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30943&cou nciIdate=4/25/2023 2/4 4/24/23, 3:41 PM Fund 34027 M&C Review 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: 202022 Bond Year 3 - Contract 19 - FNI Capital Project FY2023 CIP Budget Change Revised Fund Name Authority y Appropriations (Increase/Decrease) FY2023 Name Budget W&S 104325 - Capital 2022 Projects - Bond $0.00 This M&C $644,475.00 $644,475.00 Funds Year 3 - 56002 Contract 19 2022 104325- Bond 2022 Program Bond $0.00 This M&C $549,650.00 $549,650.00 -Fund Year 3 - 34027 Contract 119 Storm 104325 - Water 2022 Capital Bond $0.00 This M&C $20,000.00 $20,000.00 Projects -Year 3 - Fund Contract 52002 19 Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget and in the 2022 Bond Program Fund and in the Stormwater Capital Projects Fund for the purpose of funding the 2022 Bond Year 3 - Contract 19 project. Appropriations for the water, sanitary sewer and paving improvements for 2022 Bond Year 3 - Contract 19 project by Fund will consist of the following: Fund Existing Additional Project Total* Appropriations Appropriations 2022 Bond Program - $0.001 $549,650.00 �$549,650.00 Fund 34027 I W&S Capital Projects - $0.00 $644,475.00 $644,475.00 Fund 56002 Storm Water Capital $0.00 $20,000.00 F $20,000.00 f rojects - Fund 52002 Project Total $0.00 $1,214,125.00 $1,214,125.00 *Numbers rounded for presentation purposes. Business Equity Office; Freese and Nichols, Inc., is in compliance with the City's Business Equity Ordinance by committing to 28 percent Business Equity participation on this project. The City's Business Equity goal on this project is 20 percent. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in apps.cfwnet.org/council_packet/mc_review.asp?ID=30943&councildate=4/25/2023 3/4 4/24/23, 3:41 PM M&C Review accordance with the statement expressing official intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). This project is located in COUNCIL DISTRICT 9 and FUTURE COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget of the Water & Sewer Fund and in the 2022 Bond Program and Stormwater Capital Projects Funds and upon the approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, in the W&S Capital Projects, Stormwater Capital Projects and 2022 Bond Program Funds for the 2022 Bond Year 3-Contract 19 project to support the approval of the above recommendations and execution of the construction contract. Prior to any expenditure being incurred, the Transportation & Public Works and Water Departments have the responsibility of verifying the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I ID Year I (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) 202022 BOND YEAR 3-CONTRACT 19-FNI.docx (CFW Internal) 2022 Bond Year 3 Contract 19 FNI FID Table (6).x1sx (CFW Internal) CompMemo 104325 FreeseNichols 3.22.23 GW2.pdf (CFW Internal) Form 1295 Certificate 101021181 - City of Fort Worth - CPN104325.pdf (CFW Internal) M&C 2022 Bond Y3C19 A Map.pdf (Public) M&C 2022 Bond Y3C19 B Map.pdf (Public) ORD.APP202022 BOND YEAR 3 - CONTRACT 19 - FNI 34027 A023(r3).docx (Public) ORD.APP202022 BOND YEAR 3 - CONTRACT 19 - FNI 52002 A023(r4).docx (Public) ORD.APP202022 BOND YEAR 3 - CONTRACT 19 - FNI 5EO02 A023(r2).docx (Public) PBS CPN 104325.pdf (CFW Internal) SAM Report Freese and Nichols Inc.pdf (CFW Internal) apps. cfwnet.org/counci I_packet/mc_review.asp? I D=30943&counciIdate=4/25/2023 4/4 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE' 2022 Bond Year 3 Contract 19 — Engineering Agreement M&C: 23-0316 CPN: 104325 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Filogonio Munoz TPW - initial m"' May 1, 2023 2. Chris Bosco Consultant- signatures May 1, 2023 3. Tingting Ren TPW - signature May 1, 2023 4. Mary Hanna TPW - initials May 2, 2023 5. Leon Wilson TPW - initial May 2, 2023 6. Michael Owen TPW - initial May 2, 2023 7. Lauren Prieur TPW - signature May 2, 2023 8. Doug Black Legal - signature ,� May 3, 2023 9. William Johnson CMO - signature W; May 3, 2023 10. Jannette Goodall CSO - signature ... May 4, 2023 11 TPW Contracts TPW DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ❑No SAME DAY: []YES ®No NEXT DAY: []YES ®No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: TPWContracts AFortWorthTexas.gov at ext. 7233 for pick up when completed. Thank you!