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HomeMy WebLinkAboutContract 60597CSC No. 60597 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: 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth — Project No. 105064. 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 $701,315.00 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 Revised Date: November 23, 2021 Page 8 of 15 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch CI WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 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 City of Fort Worth, Texas 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 Revised Date: November 23, 2021 Page 14 of 15 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. 'Dalra Dana Burghdoff (Dec 20231 CST) 1 Dana Burghdoff/�-- Assistant City Manager ' Nick Lester, P.E. Vice President Date: Dec 12, 2023 pORT OP 0 a °°°'s$ Date: 12/09/02023 ATTEST: P��a oQ , a * J % adaA aEXA5aa4 �nc-ssx Jannette Goodall City Secretary APPROVAL RECOMMENDED: aw,5-�ogG7el, ffd,rde,r By:('hrittnoher Harder (Dec 12, 2023 10:52 CST) Chris Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-1086194 By: DBlack (Dec 12. 2023 12:58 CST) Douglas W Black M&C No.: 23-1023 Sr. Assistant City Attorney M&C Date: 11/28/2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Dena Joh son, P.E. OFFICIAL RECORD Project Manager CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas 16 to 42-inch Cl WM Replace Standard Agreement for Engineering Related Design Services City Project No. 105064 Revised Date: November 23, 2021 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 ATTACHMENT A Scope for Engineerinq Desiqn Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 16-INCH TO 42-INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. General: Water Replacements Design of approximately 9,000 LF of 16-inch to 42-inch cast iron water line replacements from Holly Water Treatment Plant to downtown, as shown in the attachment. 650 LF of 6- inch sewer along Summit Ave will also be replaced. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design (30%) Task 3. Preliminary Design (60%) Task 4. Final Design (90%) and Construction Documents (100%) Task 5. Bid Phase Services Task 6. Construction Phase Services Task 7. Survey and Level A SUE Task 8. Plan Submittal Checklists Task 9. Additional Services as Directed by the City TASK 1. DESIGN MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER shall manage change: ■ communicate effectively ■ coordinate internally and externally as needed ■ proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage, and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 16 ATTACHMENT A DESIGN SERVICES FOR 16-INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 1.2. Communications and Reporting • Attend a pre -design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, verify CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct up to three (3) review meetings with the CITY at the end of each design submittal phase. • Prepare invoices and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the Water Department. • Prepare and submit baseline Project Schedule and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities, including the Engineer for Clear Fork Force Main, Fort Worth TPW, the Bass Family, FW Inc., FW Chamber of Commerce, Council District 9, franchise utilities, and Fort Worth Water Operations as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. Monthly in -person coordination meetings will be held with FW Water. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • 16 MWBE reports will be prepared. • One kickoff meeting with City staff. • Up to three design workshops with City staff. • Monthly coordination meetings with City staff (up to nine). • 16 monthly Water Department progress reports will be prepared. • 16 monthly project schedule updates will be prepared. • Two construction contracts. • The proposed alignments will stay within ROW. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 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 9) 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 ■ Recommend the alignment that successfully address the design problem ■ 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. • The ENGINEER will 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. 2.3. The Conceptual Design Package shall include the following: • Strip Map • After the survey is complete, the route will be identified. The ENGINEER will then prepare a strip map of the alignment and proposed appurtenances. The strip map will show a proposed plan -only view of the alignment with proposed valving and TxDOT installation requirements. The ENGINEER will meet with the CITY to review the strip map before proceeding with the Preliminary Design. • Estimates of probable construction cost. • Pipe material selection will be alternate bid with ductile iron, steel, and concrete. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 2.4 Environmental FNI scientists will assemble data such as aerial photos, U.S. Geological Survey (USGS) topographic maps, U.S. Department of Agriculture (USDA) soil information, U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory data, USGS National Hydrography Dataset (NHD) information, and the LOC in digital format for the development of field maps and to upload to a Global Positioning System (GPS) unit. FNI environmental scientists will conduct a pedestrian survey of the proposed LOC. Potential waters of the U.S. (WOTUS), such as streams, wetlands, or open waterbodies, will be documented, and the boundaries of these features will be mapped with a GPS capable of sub -meter accuracy. The jurisdictional boundaries of wetlands will be delineated based on the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0). FNI scientists will also assess habitat within the proposed LOC to determine if potential habitat for federally listed threatened or endangered species is present, and investigate structures within and near the project area which may qualify as historic age structures. • FNI environmental scientists will prepare a technical memorandum documenting the results of the site visit and an opinion as to whether or not the project would require a nationwide permit without the preparation and submittal of a pre - construction notification (PCN) to the USACE. If the project is determined to require a PCN, it can be provided as an additional service. Projects sponsored by public entities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards, or if the project is inside a designated historic district or recorded archeological site require advance consultation with the Texas Historical Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. Furthermore, in accordance with Section 106 of the National Historical Preservation Act, the USACE requires coordination under NWP General Condition 20, Historic Properties, if a project with impacts to WOTUS has the potential to cause effects to historic properties, including archeological sites. Once the Area of Potential Effect (APE) has been defined, FNI will review the APE for potential cultural resources and prepare a letter describing the project and requesting review by the THC to determine if a cultural resources survey will be required. If a cultural resources survey is required by the THC, it can be provided as an additional service. ASSUMPTIONS • 1 PDF copy of the conceptual design package (30% design) will be delivered. • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. • ENGINEER shall prepare the meeting minutes of the Concept Review meeting and incorporate comments into the Preliminary Design. • ENGINEER shall not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 DELIVERABLES A. Strip map of the proposed alignments B. Estimates of probable construction cost C. Environmental report 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 • A Proiect 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). • Overall proiect easement lavout sheet(s) with property owner information. Overall voiect water and/or sanitary sewer lavout 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 sanitary sewer layout sheet shall identify the proposed sanitary sewer main improvement/existing sanitary sewer mains and all appurtenances in the vicinity. • Overall water and/or sanitary sewer abandonment sheet. • 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. • Benchmarks per 1,000 ft of plan/profile sheet — two or more. • Bearings given on all proposed centerlines or baselines. • 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 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 The ENGINEER shall make provisions for reconnecting all identifiable water and/or sanitary sewer 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. The ENGINEER will prepare standard and special detail sheets for water line installation and sanitary sewer 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. 3.2. Utility Clearance The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible, consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in BIM 360 for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.3. Traffic Control Plan FNI will prepare Traffic Control Layouts showing travel lanes and construction area for each phase of construction (anticipate 3 primary phases each with 2 sub phases). Layouts will include temporary signing and striping, channelizing devices, and barricades. FNI will include a brief traffic control narrative of sequence of work. It is anticipated that the Project's construction manager and/or Contractor will be responsible for preparing detailed traffic control plans when deviations to the overall plans are required. The deviation plans shall be submitted to the City for review and approval. Deviation plans conform to the Engineer's traffic control and sequencing plans. All traffic control plans shall be developed in accordance with TMUTCD Standards, TxDOT Standards, and sealed by an Engineer licensed in the State of Texas. • FNI will develop typical detour plan showing side street closures during construction and appropriate detour notification is provided. It is anticipated that the Project's construction manager and/or Contractor will be responsible for developing specific detours for special conditions and submitting the plans to the City for review and approval. • Pavement replacement will be full mill and overlay. All backfill will utilize CLSM. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 ASSUMPTIONS • 0 Geotechnical borings are expected for this project. • Traffic Control "Typicals" will be utilized to the extent possible. • 2 set of 11"x17" size plans will be delivered for the Constructability Review. • 2 sets of 11"x17" size plans will be delivered to the City for the Preliminary Design (60% design) review. • 2 sets of specifications will be delivered to the City for the Preliminary Design (60% design) review. • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. • The CITY's front end and technical specifications will be used. The ENGINEER shall supplement the technical specifications, if needed. • 2 set of 11"x17" size drawings will be delivered for Utility Clearance. • ENGINEER shall not proceed with 90% or Final Design activities without written approval by the CITY of the Preliminary Design plans. • Attend up to four public meetings DELIVERABLES A. Public meeting exhibit (up to four) B. Preliminary Design drawings and specifications C. Utility Clearance drawings D. Traffic Control Plan E. Estimates of probable construction cost F. Data Base listing names and addresses of residents and businesses affected by the project. G. Traffic Control Narrative and Phasing Plan and Detour Plan TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • The Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. • Incorporate City comments and submit draft Final plans (90%) and specifications to CITY per the approved Project Schedule. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 • Following a 90% construction plan review meeting with the CITY, and incorporating City comments, 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. • The ENGINEER shall submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate shall use ONLY standard CITY bid items. ASSUMPTIONS • 2 sets of 11"x17" size drawings and 2 specifications will be delivered to the City for the 90% Design package. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • 1 set of 11 "x17" size drawings and 1 set of 22"x34" size drawings and 2 specifications will be delivered to the City for the 100% Design package. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • Engineer to provide final sheet list (cover/index, general notes, control point location, easement layout (as required), no. of plan/profiles, special detail sheets, etc.) to the City. DELIVERABLES 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. D. Detailed Traffic Control Plan TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM 360 for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. City of Fart Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42-INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 • Plan Sets are to be uploaded to BIM 360 in two formats, .pdf and AM 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 maintain a plan holders from Contractor's uploaded Plan Holder Registrations in BIM 360. The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's BIM 360 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto BIM 360. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • 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. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on BIM 360. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Conformed Design Drawings (Issued For Bid) Conformed 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 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: • 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 • 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. City of Fort Worth. Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in BIM 360. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: • 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. • 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. • For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. 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 • The project will be bid as one projects and awarded to one contractor. • Construction documents will be made available on BIM 360 for plan holders and/or given to plan viewing rooms. • 1 set of 11 "x17" size and 1 set of 22"x34" size drawings plans and 2 specifications will be delivered to the CITY. • PDF, DWF, and DWG files will be uploaded to BIM 360. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. Construction documents TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 16 ATTACHMENT A DESIGN SERVICES FOR 164NCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 • The ENGINEER shall attend the preconstruction conference. • After the pre -construction conference, the ENGINEER shall provide project exhibits and attend a 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. • The ENGINEER shall visit the project site once per month (not to exceed 8 visits) as construction proceeds to observe and report on progress. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents including up to 8 RFls, review change orders (up to one), and make recommendations as to the acceptability of the work. The ENGINEER shall attend the "Final' project walk-through and assist with preparation of final punch list 6.2 Record Drawings • The ENGINEER shall prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As -Built Survey o Red -Line Markups from Contractor o Red -Line Markups from City Inspector O Copies of Approved Change Orders o Approved Substitutions The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: o These Record Drawings were prepared using information provided by others and represent the as -constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified, and stamped as Record Drawings. 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 Record Drawings shall also 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 contain all associated sheets of the particular plan set. Sinqular 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: • TPW file name example — "W-1956_rec47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "47" shall be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf • Water and Sewer file name example — "X-35667_rec36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_rec" designating the file is of a record drawing plan set, "36" shall be the total number of sheets in this file. Example: X-12755_rec18.pdf • Both PDF and DWF files shall be uploaded to the project's Record Drawings folder in BIM 360. ASSUMPTIONS • 4 RFI's are assumed • 1 Change Orders are assumed • One .PDF copy of record drawings will be provided to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor's Request for Information C. Review of Change Order D. Review of shop drawings (up to 20) E. Final Punch List items TASK 7. SURVEY and Level A SUE ENGINEER will provide survey support as follows 7.1. Design Survey • 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 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. 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: o A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: o 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). o Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. o No less than two horizontal bench marks, per line or location. o Bearings given on all proposed centerlines, or baselines. o Station equations relating utilities to paving, when appropriate. 7.2 Level A SUE Perform up to 15 Subsurface Utility Engineering (SUE) Quality Level A test holes, in areas to be identified, in general accordance with the recommended practices and procedures described in American Society of Civil Engineers (ASCE) Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). To the extent possible, test holes will be performed as close as possible to the anticipated crossing location. Test hole work will be coordinated with the applicable utility company. The QL "A" field findings will be surveyed and delivered in the form of a .dwg CAD base file. Five (5) days of Traffic Control Services were included in the budget. A test hole summary sheet will also be provided that includes the ground elevation, depth to City of Fort Worth. Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 16 ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO,: 105064 top of utility elevation, horizontal location coordinates, owner and type of material of existing utility for each test hole. • All Level B SUE scope was removed. The ENGINEER will contact franchise utility companies to document known utilities in the area. The ENGINEER will supply the provided information in the contract documents, but conditions may differ in the field, resulting in construction change orders. ASSUMPTIONS Topographic survey will be full ROW width for the alignments outlined in the project exhibit. DELIVERABLES • Drawing of the project layout with dimensions and coordinate list. TASK 8. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHEC<LIST REQUIREMENTS Traffic Traffic Traffic Traffic Street Water Traffic Control Control Control Storm Storm Lights /Sewer 30% 60% 90% Attachment "A" Signal Water Water (Submit (Submit Engineering Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) @ 60%) Street X X X X X. X Storm Water X X Water / Sewer X *If included in street project ASSUMPTIONS • The pipeline route will follow existing roadways. DELIVERABLES A. Plan Submittal checklist. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 16 Required for all work in City ROW X X X X X X X X X ATTACHMENT A DESIGN SERVICES FOR 16•INCH TO 42-INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 Task 9. ADDITIONAL SERVICES AS DIRECTED BY THE CITY 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 $30,000, Engineer will submit a request to cover the additional work required. • Additional services as directed by the City, up to $30,000. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right -of -entries. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re- bidding of the contract for construction. • Construction management and inspection services • Periodic site visits during the construction phase exceeding eight visits. • Additional laboratory testing due to unexpected subsurface conditions found in the site exploration. • 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. • Review of more than eight Requests for Information. • Review of more than two change orders. • Services related to Survey Construction Staking or Construction Control Staking. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 16 ATTACHMENT A DESIGN SERVICES FOR 16-INCH TO 42•INCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS CITY PROJECT NO.: 105064 • Performance of miscellaneous and supplemental services related to the project as requested by the CITY and not specifically identified in the Scope of Services. • Preparation of a pre -construction notification (PCN) to the USACE for Section 404 nationwide permit authorization. • Preparation of a formal written request to the USACE for authorization under a letter of permission (LOP) procedure or a standard individual Section 404 permit application. • Preparation of an Approved Jurisdictional Determination (AJD) or No Permit Required Letter Request from the USACE. • Tree survey and preparation of a permit application for compliance with City tree ordinance requirements. • Preparation of a National Environmental Policy Act (NEPA) Categorical Exclusion (CE), Environmental Information Document (EID), Environmental Assessment (EA), or an Environmental Impact Statement (EIS). • Application to Texas Commission on Environmental Quality (TCEQ) for individual 401 Water Quality Certification. • Presence/absence surveys for state or federally listed threatened/endangered species. • Preparation of a Biological Assessment for Consultation/Conference with the U. S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act. • Preparation of a Geomorphic Stream Assessment Report. • Preparation of a Hazardous Waste Regulatory Records Review, a Hazardous Materials Initial Site Assessment (ISA), Phase I, or Phase II Environmental Site Assessment (ESA). • Preparation of a National Pollution Discharge Elimination System (NPDES) Storm Water Pollution Prevention Plan (SWPPP). • Cultural resources survey by a professional archeologist or architectural historian. • Traffic Control Typical Sections showing lane widths, edge conditions, channelization, and proposed construction area. • Intersection Staging Plans. • Level B SUE. • Geotechnical Investigation. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 16 ATTACHMENT B COMPENSATION Design Services for 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth City Project No. 105064 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $701,315.00 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 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Freese and Nichols, Water and Sewer Design Inc. Proposed MWBE Sub -Consultants Yellow Rose Mapping, Survey and SUE LLC. Non-MWBE Consultants Project Number & Name 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth City Project No.: 105064 City MWBE Goal = 8% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 TOTAL Total Fee Fee Amount $576,365 82.18% $124,950 17.82% $701,315.00 100% MWBE Fee MWBE % $701,315.00 $124,950 17.82% Consultant Committed Goal=17.82% EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/912022 Page 3 of 3 Professional Services Invoice Project Manager: I Dena Johnson, P.E. I Summary Project: 116 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth City Project #: 1105064 1 City Sec Number: I I Supplier Instructions Fill in green cells including Invoice Number, From and To Dates and the included worksheets. Company Name: I Freese and Nichols, Inc. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. Supplier's PM: IAmandaJohnson email: amanda.iohnsonOfreese.com I Supplier Invoice #: I Office Address: ao1 Cheny Street, STE 2800 I Payment Request #: I Telephone: 1817-735-7533 Service Date:From I Fax: 1817-735-7491 Service Date:To I Invoice Date: I Remit Address:) Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 Water Line Rehabilitation $654,076.00 $654,076.00 $654,076.00 Work Type 2 Sanitary Sewer Rehabilitation $47,239.00 $47,239.00 $47,239.00 Work Type 3 Work Type 4 1 Work Type 5 1 1 Work Type 6 1 1 Totals This Invoice $701,315.00 $701,315.00 $701,315.00 Overall Percentage Spent: Professional Services Invoice Project Manager: Dena Johnson, P.E Project: 16 to 42-inch Cast Iron Water Main Replacement City Project #: 105064 Work Type Desc: I Supplier Instructions: FID: I City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: I When your Invoice is complete, save and close, start Bu=saw and Add your invoice to the Consultant folder within Project's folder. Company Name- Freese and Nichols, Inc. Supplier's PM: Amanda Johnson email: amanda.johnson@freese.com Supplier Invoice #: Office Address: 801 Cherry Street, STE 2800 Payment Request #: Telephone: 817-735-7533 Service Date:From Fax: 817-735-7491 Service Date:To Invoice Date: Remit Pay Items Agreement LTD Agreement Amendment Amendment Amountto Completed Percent ($) Invoiced Description Amount Number Amount Date Amount Spent Previously 30-Design Water Line Rehabilitation $654,076.00 $654,076.OG I I I I I I I I I I I I I I Totals This Unit: $654,076.00 $654,076.00 Overall Percentage Spent: Current Remaining Invoice Balance $654,076.00 $654,076,00 Professional Services Invoice Project Manager. Dena Johnson,P.E Project: 16 to 42-inch Cast Iron Water Main Replacemen City Project #: 105064 Work Type Desc: I Supplier Instructions: FID: I I City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: I I When your Invoice is complete, save and close, start Buusaw and Add your invoice to the Consultant folder within Project's folder. Company Name' Freese and Nichols, Inc Supplier's PM: Amanda Johnson email: amanda.johnson@freese.com Supplier Invoice #: Office Address: 801 Cherry Street, STE 2800 Payment Request #: Telephone: 817-735.7533 Service Date:From Fax: 817-735-7491 Service Date:To Invoice Date: Remit Pay Items 30 - Desiqn Description Sanitary Sewer Rehabilitation Totals This Unit: Agreement LTD Agreement Amendment Amendment Amountto Completed Amount Number Amount Date Amount $47,239.00 $47,239.00 I I I � I $47,239.00 $47,239.00 Overall Percentage Spent: Percent ($)Invoiced Spent Previously Current Invoice Remaining Balance $47,239.00 $47,239.00 EXHIBIT B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for 164NCH TO 424NCH CAST IRON WATER MAIN DOWNTOWN REPLACEMENTS City Project No. 105064 I Tesk Oeaceptbn TaakManvper PWMpV ProIM ProIM HyNaulk ebtleltl p AOminlwrotlw saner lnonrn T,amc Tnlllc Cmttoi Sbrmwter EnNronmenbl EnNronmental CLee °I Elpine r CAO GIs Tech Mmyrt Rntel f]a Enpinee, Sa Si / sit IDealpner) (Lree) (Sclentlrt) as $1T] S,B1 $1T] °113 PoJxcrMemeemanl 111 B1 65I i 1 J t6 npaM Re��pIIIyy�l I covmin�^KAliieeh� J • al 1 el � I I Y I 1 I I I I S.t I M/ 33 IMg� Sum III kevbw Meall n71 I 61 el el I i I I 1 Po m BnaYne SMcoub I 124 NtvnlhN Prapram Rapone wlh spneaab I 31 I 1e I I I I I 1 1 125 Pro��aar I0�jN( EaBE Ramm n sldi-,cu 161 I gf 1 I 1 1 Cmkal Cuvlomvynavlb .-. F nnwFenn TPY4 Inmr Bom FemlN FW Inc. I / 111 121 a / B 2l 2 I I I I I I it FW Cnpmbpr of Wncno2o I CpunalDWMe 1 1 iwlyywubr 0 uem 7 6� � )1 w I I I I I 13.e I PUNryry(cBBAbeunno��(u��o�lo lou0 t 351 /I lull 3401 0 01 1 ]e1 wl ZM� oe 12.3.1 IDv10 CSbceclbn 6lIRIM G°�rolnelbn 1 1 23 I Conpluvl DBWpn Pock,o, (Sltlp Mpp) 20I 100J 190I 200 12. 11111yypp Ik Mo awn 1 EIWmnlmYumalya iu I 201 ]ol 161 201 124 I 20.1 1 I Ioi 6u pi p d� >�. ° 151B1Im na°N BBdo1Ubw�pame 11 I ]3 IJIRIn �bvrolmv I I el I I I Ij I I u IT- wnlwl Planene MYvaomr 40' 591 I 1p°l I l4'° IDen.tt°a tl'anlee umema/100Xj1 lon PLiAk 3fi t3 all OI 0 b of 10 0 OI -1 0 1 4.1 1Fbdtll9o%)Cann1N ane 15 e 1 3yI I I I 1bI 1 4 cmlrol 131 ))Pbnsnntl IYwbns 4A 1 ICendmWlAA Ecllnmlen lW%antl,e0x) le 1 a1% 1J 'f SSJ (1 I lol I I I 341 I BO 6.0 IBle PhyaryryuyylIServkea o tl '� 31 OI t�. of L el OI 01 t3 01 S.t IBa sa880acuememe 6.1.1 I ((yy.91lu to BIM ]80 S.1J I ReAN I i I I I tl I I I 1 ane Mvetbn 5.1.5 Tabuble BMlaond Remmmplo II el I j s3 I bmp coaroml.e oowmemn d// eiI ul I I I I z01 e.I Conskuctlon P-1-cea ! 46I 651 V of 01 of of 01 l Ial D e.1 ICm-=X �B0� Anene PramyplMAl'dqnConlmpnca I 4 I I I I I 6.,A I 21 11 21 RppmW.(d/Inm'm151InmChnnpaOrm` I c.15 1 Sn;;law w AB j 261 ,61 I) a% I 6 Ift >.03 IEpmmeme(up Ia311rNcea of 01 01 � ° °I + 1 I °I 3UE O 1 J � e Bi O o/I JI Oi OI Ilfl 1 63J11 o BS j°ISurwyeM Te�MebplBpb,n 1 9.0 1pbn$WmIMi ChecMlrta I 1oA 1cea lwatumoroep oy my mb1 If 1121 oI .11 oCIry 21 dl of of t o1 sJ U1 of III of 69 ,0]� UI of Mt fil l] Cory 01 Fvn Wm1h, Texve Anmhmenl B- lnvalo EBve Suppbment TypY lWole satyr Rapbmmpnl F VrR OMWpI Relaam Dale: e.OB30,2 Total lacer CPat l SubconsulteM I w.ter.ne smwr xabn ere.mPAm FoobBe X Foo Dealpn Fee Weier Sannpry sever Wnle, BA00 B]3644 s6S4,0]e I LF % S LF % $ I saw, S50 6.T1% 54)3]9 I DOMmM1 8,000 BJ3e% I 054.0)6 eso 9.74% 54).229 3 I TOMI 9,660 100% f)a1.]16 I Torn) B,DOo OA] I e51.0)6 650 o.oT i,B/IpdJ SY.00�0�JJ// 34.],tiII 511.991 s43] Srl 52 464 $a Se� SO S2.4w sm a2.B561 $2.4421 s2 peel S'I ,51 526.atol i1o.22ai P961 st�lasl 49448201 sA.s4x1 11]A6e1 590 sz6so s]e.)Bel s116,6)11 361.6101 se.61eI s1, ssi 23! z]I 516.aB21 Sol s1.B62 52.9tl41 51 44 32,OB01_ $B,m21 Sn �nl I s,,44q SI.B]21 s2,De01 $].-1 SIOA/B] G .,-I 551. siwol wi aD.DOBI n,199 1 21001 $12 l901 so 25BJ sn�:af s6J1 24,E so 6 1$ Tobl Coal %complab F°melnlnp Butl0el ]01,]15 D% s ]01A15I ]01,]15 0% s ]01A15I e I Total Ex ­Teak Sun Totei Portent Complete Butlpel ftemnlnllp TrawlJ RepratlucVen Cost Slbi S2so S$:.0001 2 SZ.1 I Sol 501WA 501 54.)t61 Ox N)t61 S01 51501 51501 S01 311.21 Sr 1241 f l41 0% 01 0% 11 Je9el 1`12.1 5�141 i01 $2A641 Ox s u41 1 $01 I S01 3e.14e1 S01WA S HBI I I S01 I 527 $]x21 Ox1 0%1 a2AB11 $]321 S0 "I 501 5,,9611 5 421 0%1 0%I S1,pp==��11 52�N21 1 s01 so 52 11 52.4121 o" o%I STT.85o; S2.N21 1 l I 101 s01 32 oxel 21151 -1 0%I S-2B 1).^t51 S01 $21*1101 o%I 32B.�ti0 Stwl St0al s1oa27I 0%I S10, 2 s621 I f•oDi s4e21 I S01 44BI Sa,IB661 o%I Oxl s1]o�.Me 513JMB $a 1 s]5a1 s9g9)01 o%1 s90 B)D I $01 5@.54x1 o%I 36,51z .21 5501 11°21 S17.9701 o%I S1].9]0 .001 Za0� stool stool I 101 s90A20 5 0% D% s0o.e2o sz.060 I $OI 3]9,]9B2.060 o% S]9.]9B s0 34001 :,e01 $116,971 0% $116,911 stool szeol sw.elo ox 561A,0 I s0 SB.61BI 0%1 SBe1B 1 stool stool 1 s01 s42pml 1n 11,1 a%I oil! 1 s62o 1za f0 1e001 SBD01 a,) -1 511,112 S01 �oIWA Me: 52001 s01 52.1. S2.BB1 0%I 0% s3:0e2 a1.Be4 I $DI $1.4N .%1 3t,u4 sol sz,ofiol oxl sz.wo+ I saoo seaol se,e]zl on: $a,wz Sx661 stool 55631 I sol SZT$ )1 �OIWA 0%I I 3tT,9]TI I sxaoi f200i s ool 1 sol ss,nzi ..."01 oxi oXl ssi:M sz.Deol I I 101 I 1 S°I iT.9B01 110.8161 o%: ox 37.99ol S1alwel st.lODI �>)BI o I SJ,�eI SBJ I SO Sta ° SB1�5o1 I 311, 01 1111[. )ll Seu.oael SQ.NoI OXI o%1 Oxl 51s11] I See.l]ol Sa0,bol s01 Sol M_ I i01 tD .1 S01 S1o.0o01 0%1 S]0.0001 ],T I $ 2,s6111 127,621 I S 6tlB.tl20 0%1 S6ee.tl201 I I summv nr %ul Haum I Lnnpmr 35621,,1 TobM )ce2aB2B1:... I MBBTmaIBnlm su 5121,951I I Non 13011E SUBwnmMnl s0I ,0% sub Mnmpp $12.101 MBFJSBE ftffld pi n 17.e2%1 I Tobl p,o.. Cost T)01.1-tol OPINION OF PROBABLE CONSTRUCTION COST PROJECT NAME Downtown Cast Iron Replacements DATE 9/18/2023 City of Fort Worth Water GROUP 1112 % SUBMITTAL Conceptual PM Amanda Johnson ANJ NCL Scoping ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL CAST IRON WATER LINE REPLACEMENT 1 '42-in Water Line (By Open Cut) 3580' LF $ 600.00 $ 2,148,000 If 2 36-in Water Line (By Open Cut) 1525 LF $ 560.00 $ 854,000 3 30-in Water Line (By Open Cut) 415 LF $ 450.00 $ 186,750 4 24-in Water Line (By Open Cut) 760 LF $ 360.00 $ 273,600 5 12-in Water Line (By Open Cut) 235 LF $ 245.OD $ 57,575 6 8-in Water Line (By Open Cut) 2615 LF $ 200.00 $ 523,000 7 42-in Gate Valve 3 EA $ 42,000.00 $ 126,000 I` 8 36-in Gate Valve 2 EA $ 36,000.00 $ 72,000 9 30-in Gate Valve 1 EA $ 30,000.00 $ 30,000 10 24-in Gate Valve 1 EA $ 24,000.00 $ 24,000 11 12-in Gate Valve 1 EA $ 9,000.00 $ 9,000 12 8-in Gate Valve 12 EA $ 7,500.00 $ 90,000 13 3" Combination Air Valve 3 EA $ 12,000.00 $ 36,000 If 14 2" Combination Air Valve 1 EA $ 8,000.00 $ 8,000 15 Large Diameter Connection to Existing Water Line 7 EA $ 15,000.00 $ 105,000 16 Small Diameter Connection to Existing Water Line 7 EA $ 8,000.00 $ 56,000 17 Large Diameter Pipe Abandonment 6280 LF $ 280.00 $ 1,758,400 18 Small Diameter Pipe Abandonment 2850 LF $ 212.00 $ 604,200 19 6-in Sewer 650 LF $ 200.00 $ 130,000 I4 20 4' SSMH 4 EA $ 7,000.00 $ 28,000 l 21 Asphalt Pavement Repair (Full Road Width) 6280 LF $ 90.00 $ 565,200 1 22 Trench Safety 9130 LF $ 5.00 $ 45,650 23 Traffic Control 1 LS $ 90,000.00 $ 90,000 24 Storm Water Pollution Prevention Plan 1 LS $ 35,000.00 $ 35,000 25 Construction Staking 1 LS $ 15,000.00 $ 15,000 ( 26 Pre -Construction Video 1 LS $ 10,000.00 $ 10,000 SUBTOTAL:• ,375 CONTINGENCY 30% $ 2,364,113 SUBTOTAL• ,244,488 S/INSURANCE/MOBILIZATION 10% $ 1,024,449 SUBTOTAL OH&P 18% $ 2,028,409 PROJECT TOTAL (2024 COSTS) $ 11,268,936 COST ESCALATION FACTOR 8.5% $ 957 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 3 Estimate with accuracy range or -15 to + 20. 2 FNI OPCC does not include costs associated with engineering fees, permits, surveying, etc. ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 16-Inch to 42-Inhc Cast Iron Water Main Downtown Replacements Project No. 105064 None. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 1 ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the service the requirements of the Agreement and encompassing the Attachment A to the Agreement. FORT WORTH s to be provided in fulfilling Scope of Work defined in ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 CPN10S064 - Cast Iron Water Main Downtown Replacements ID 1 Task Name CP141U5U.% - Cost ROM Duration Replacements Notice to Proceed 1 day 2 3 Design Survey 30 wks 4 Conceptual Design (30%) 54 days 5 Prepare 30% Design (Stripmap) 32 days 10 Submit 30% Design 1day 11111 FW Water Review 3wks 12 30% Review Workshop 1 day 13 Public Meeting (1 of 4) 1 day 14 30% Design Complete 0 days 15 Preliminary Design (60%) 95 days 16 Prepare 60% Preliminary Plans and Specs 77 days 21� Submit 60% Design 1day 22 FW Water Review 3wks 23 60% Review Workshop 1day 24 Public Meeting (2 of 4) 1 day 25 60% Design Complete 0 days 26 Final Design (90%) 126 days 27 Prepare 90% Final Plans and Specs 42 days 32 Submit 90% Design (FW Water &TCEO) 1day 33 FW Water Review 4wks 34 TCEQ Review and Approval 60 days 35 90% Review Workshop 1 day 36 Incorporate Final Comments 16 days 41 Submit Final Plans & Specs 1 day 42 Public Meeting (3 of 4) 1 day 43 Approve Final Plans and Specs (FW Water) 15 days 44 Design Complete 0 days 4S Establish MWBE Goal 10 days 46 Prepare Bid Package 20 days 47 Environmental 85 days 48 Evaluation and Report 5 wks 49 THC Review & Approval 60 days 50 Finalize Report 20 days 51 Utility Relocation 120 days 52 UTILITIES Start 0days 53 - Review Plans and Specs _ Utilities 40 days 54 Utility Relocation 80 days 55 Utilities Complete 0 days 56 26 days 57 _ Bid Advertisement 0 days se Advertisement Period 20 days 59 Hold Pre -Bid Meeting 1 day 60 Bid Opening 0 days 61 Review Bids - Bid Tabulations and Select Contrail days 62 Construction 141 days 63 Public Meeting (4 of 4) 1 day Construction 7 mons Task - . I I Milestone • Finish (Finish Variance Mon 1/8/24 Mon 1/8/24 Tue 1/16/24 Mon 3/25/24 Tue 3/26/24 Fri 6/7/24 Tue 3/26/24 Wed 5/8/24 Thu 5/9/24 Thu 5/9/24 Fri 5/10/24 Thu 5/30/24 Fri 5/31/24 Fri 5/31/24 Fri 6/7/24 Fri 6/7/24 Fri 6/7/24 Fri 6/7/24 Mon 6/3/24 Fri 10/11/24 Mon 6/3/24 Tue 9/17/24 Wed 9/18/24 Wed 9/18/24 Thu 9/19/24 Wed 10/9/24 Thu 10/10/24 Thu 10/10/24 Fri 10/11/24 Fri 10/11/24 Fri 10/11/24 Fri 10/11/24 Mon 10/14/2r Mon 4/7/25 Mon 10/14/2,Tue 12/10/24 Wed 12/11/24 Wed 12/11/24 Thu 12/12/24 Wed 1/8/25 Thu 12/12/24 Wed 3/5/25 Thu 1/9/25 Thu 1/9/25 Fri 1/10/25 Fri 1/31/25 Mon 2/3/25 Mon 2/3/25 Tue 2/4/25 Tue 2/4/25 Tue 2/4/25 Mon 2/24/25 Mon 2/24/25 Mon 2/24/25 Tue 2/25/25 Mon 3/10/25 Tue 3/11/25 Mon 4/7/25 Tue 4/23/24 Mon 8/19/24 _ Tue 4/23/24 Man 5/27/24 Tue 5/28/24 Mon 8/19/24 Tue 4/23/24 Mon 5/20/24 Wed 9/18/24 Wed 3/5/25 Wed 9/18/24 Wed 9/18/24 Thu 9/19/24 Wed 11/13/24 Thu 11/14/24 Wed 3/5/25 Wed 3/S/2S Wed 3/5/25 Mon 4/7/25 Tue 5/13/25 Mon 4/7/25 Mon 4/7/25 Thu 4/10/25 Wed 5/7/25 Tue 4/29/25 Tue 4/29/25 Thu 5/8/25 Thu 5/8/25 Fri 5/9/25 Tue 5/13/25 Wed s/14/25 Wed 11/26/2.1 Wed 5/14/25 Wed 5114/25 Thu 5/15/25 Wed 11/26/2-1 0 days 0 days 21`S+1 wk 0 days3 0 days 0 days 9 0 days 10 0 days 11 0 days 12FS+4 days 0 days 13 0 days 0 days 0 days 20 0 days 21 0 days 22 0 days 23 0 days 24 0 days 0 days 23 0 days 31 0 days 32 0 days 32 0 days 33 0 days 0 days 40 0 days 41 0 days 41 0 days 43 0 days 44 0 days 45 0 days 6FS+1 wk 0 days 6FS+1 wit 0 days 48 0 days 0 days 0 days 21 0 days 52 0 days 53 0 days 54 0 days 0 days 34,46 0 days 57FS+2 days 0 days 58FS•7 days 0 days 58FS+1 day 0 days 60 0 days 0 days 61 0 days 63 Project Schedule Report Print Date: Thu 10/19/23 12111 12025 lan Feb Mar ADr Mav i Jun Jul Aur ! Se) I Oct 1 Nov Dec Jan Feb Mar 1 ADr Mav Jun Jul Aue Sea Oct Nov h r Submit 30% Dwign ------------------------'---- t-- _______________________._ _ _ _ _ : esign oompleu _ _ _ 3Ml� •, Sibmit 6-'76 Desig t 600 Design Complete �'buvmtz 90%Design FWWater&TO14) _._________. ____.____._________._____ r— _ Sb it Final Onz & yea I _____________________________ ________________________.____-________f _ Deslgn implct e 1 ___________________________________________________ ___.____,____ --------- -------------------------------------- Summary t-1 Project Summary �1 •------------------------------- f�a:o- dete Bid. �dvertizi ment ___ _____ — ___._ _ ________----- Bid )pening Y,. „ CPN105064 - Cast Iron Water Main Downtown Replacements ATTACHMENT E tp 61 ot �.� Off`,'`.2N� ` N��' Q`� i' �• EXISTING WATER p S r MAIN TO BE ABANDONED y,f5THSTr, y , 5TH ST, uj � O O> LL 71THSTE-- / U) Z - 10THSTr �i �, i cn q� # I�, `—m= ,,. N LLI t 1 ZW 1■ i r�'1 �• 1f,1.+iJ1 (,1 Z p ��I Z�� ' ,•,� - ,IM(. TEXAS'ST; = r !w�ti_ Owl V ir ► p ` 1 OC (Al; EXISTING WATER _I fi�rr,, 1ZTQ MAIN TO BE LL." �1�r`TEXASST � Z. H ABANDONED �13TH ST �a— ,Oy`'W L'ANC ASTERAVE ' ,. ,01 LANCASTERAVE flyi lwron ' ,v, r, 1 W1�IIt+�,,� I ,I �. ,1 Fr , U) cF— Aq II1111� PASOST r , W;] VICKERYBLVD GRANDEAVE IV 04 -� JARVISS ter•- ` v� I �F� i y FORTWO _... i °... M11 ► I' 'p JARVISST GGETTAVE' 'rrn`--;, Q. /• ILI lei _ f / yr^ �'. • Ga•"aee�/ �.�L �f' o ( ,.�cf�"C. 3 `�i IE � r ��`� � (� •�� f Sys � ,� .0 �� j _ j • • • �,� b • � 36 " segment to .� �" 't `• -i,pr-- �,} •, Henderson Street,,.y f - -�✓- ♦ � t✓_ be rerouted Replacements: , C - jr 5treetwill-•�ti - _ u be replaced in place yam. � ,r - w.,w '• ',.r� :;�� `"�-. 5th Street � � '•� t � t -- 1 Add ring '�Upsize 36"to 4�" Replacements: r _ _ ,'•' �` connec[ion�l 't,300 LF 42" WL +,3oo LF 8" WL qmm 4 b' 7th Street may bean a 1 7 ,a I l alternate alignmentfor a a jy All highlighted lineswdl ee the 5th Street q2" WL replaced within the same � Summit Ave Replacements. i' I �' ! street as the existing line tpoo LF 9z" WL 400 LF 24"WL - r e 76 650 LF 6" SS ,m,o l"--w -8" WLSection . _ 7 a P,tobereplaced _yl - io[h Street with q WL _ Replaaments 73o LF4z"WLr.1 ' WL L r �t !fail" ' �, _ - proposed 30"WLto 9•1b LFzo wL I- f - 1■■.�J• I �- o0 6"and 8" zo' Who be l♦♦♦ P 3 4 'r - t,+ � t , 36�zo" segment "replaced with - I I I be rerouted 8, WL DRAFT FIGURE t - .�-- _ _ r ►°.t 1. CITY OF FORT WORTH FW Water to confirtn if _ Emergency _ r 0 0. a easementis present FNl _ I Removed from Replacement - � DOWNTOWN WATER LINEREPLACEMENT le "scope ;scope -replaced yr.,, 3thstreet r LEGEND will be installed parallelto rl - as part of the Replacements: Q Florence Street Replacements:,nl�� gropoa"d NLler❑w 11-n`�S—, the existingline emergency r 235 LF 8"WL 36o LF _q" WL- project "t m""n"m — varo a o.om 265 LF 36" WL v, _ "•. • '� ' iN,rr (7-'�a.RT.U� et�c•�T�'�171 �_ r<vnmm rr""a sm.,ib, 65o LF of 6" - - r cA'x:S3+da LGfl'A5P�7YEii _ c.._1 P CanlmrVallo '1'+.l"wt"r Una "AO• n r.•""a Y",o", sewer to be - �e � ......�..� •��-�- n°, replaced .' • , �" c". _ .r `""' _ Proposed WLreduced _ `• • d FORTWORTH® " ; -- j e �p -- a. Lancaster ave Replacements. r f • from 36" (Lancaster) +,525 LF 36"WL a - ^%, to zq"(Florence) • " J`° NICHOLS w, Add connection & valve 32o LF 8" WL ram: ATTACHMENT "F" CERTIFICATE OF INSURANCE 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth City Project No. 105064 City of Fort Worth, Texas Attachment F City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, November 28, 2023 REFERENCE NO.: **M&C 23-1023 LOG NAME: 60WATERMAIN CASTIRON REPLACE DOWNT-FNI SUBJECT: (CD 9) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc., in the Amount of $701,315.00, for the 16 to 42-inch Cast Iron Water M in Replacements in Downtown Fort Worth Project and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2024-2028 Capital Improvement 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 $701,315.00, for the 16 to 42-inch Cast Iron Water Mains Replacements in Downtown Fort Worth project; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $972,490.00, transferred from available funds within the Water and Sewer Fund, for the 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth project (City Project No. 105064) to effect a portion of Water's contribution to Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize the execution of an engineering agreement with Freese and Nichols, Inc., in the amount of $701,315.00, for the 16 to 42-inch Cast Iron Water Mains Replacements in Downtown Fort Worth project for the preparation of plans and specifications for water and/or sanitary sewer main replacements on the following streets and easement: Street From To Scope of Work W. loth Street Fournier Summit Water Street Avenue Summit Avenue W Lancaster W 5th Street Water/Sewer Avenue W. 5th Street Summit Henderson Water Avenue Street Henderson Street W 5th Street W. 2nd Street Water W 2nd Street Henderson Burnett Water Street Street Easement between Summit Texas Street and W. Penn Street Avenue Water Lancaster Avenue Collier Street Texas Street `W. Lancaster Water Avenue W. Lancaster Avenue Summit Florence Water Avenue Street W. 13th Street Henderson Florence Water Street Street Florence Street W Lancaster W 13th Street Water Avenue This project also provides for the abandonment of existing large diameter water mains that are currently located on private property and not in public right-of-way or dedicated easements as shown on the attached location map. In addition to the contract amount, $271,175.00 (Water: $263,875.00; Sewer: $7,300.00) is required for project management, real property acquisition, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. The sewer component of the project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. 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 2024-2028 Capital Improvement Program, as follows: 60WATERMAIN CASTIRON REPLACE DOWNT-FNI Capital project FY2024 CIP Budget Change Revised Fund Name Appropriations Authority (Increase/Decrease) FY2024 Name Budget W&S 105064 - Capital 16 to 42- Projects in Cl WM $0.00 This M&C $972,490.00 $972,490.00 - Fund Downtown 56002 Repl. Funding is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the 16 to 42-in Cast Iron Water Main Replacements in Downtown Fort Worth project within the Water & Sewer Capital Projects Fund. Appropriations for the 16 to 42-inch Cast Iron Water Main Replacements in Downtown Fort Worth project are as depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Capital Projects - Fund $0.00 $972,490.00 $972,490.00 56002 (Project Total I $0.001 $972,490.001 $972,490.00 Business Equity: Freese and Nichols, Inc., is in compliance with the City's Business Equity Ordinance by committing to 17 percent MWBE participation on this project. The City's MWBE goal on this project is 8 percent. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water and Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the 16 to 42-in Cl WM Dwntwn Repl project to support the above recommendations and execution of the engineering agreement. Prior to any expenditure being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs).: TO Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for Citv Manaqer's Office bv:. Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Dena Johnson (7866) ATTACHMENTS 1. 60WATERMAIN CASTIRON REPLACE DOWNT-FNI CompMemo.pdf (CFW Internal) 2. 60WATERMAIN CASTIRON REPLACE DOWNT-FNI FID Table (WCF 10.24.23).xlsx (CFW Internal) 3. 60WATERMAIN CASTIRON REPLACE DOWNT-FNI Form 1295.pdf (CFW Internal) 4. 60WATERMAIN CASTIRON REPLACE DOWNT-FNI funds availabilitv.pdf (CFW Internal) 5. 60WATERMAIN CASTIRON REPLACE DOWNT-FNI Map. pdf (Public) 6. Entitvinformation Freese and Nichols. Inc..pdf (CFW Internal) 7. ORD.APP 60WATERMAIN CASTIRON REPLACE DOWNT-FNI 560002 A024(r2).docx (Public) 8. PBS CPN 105064.pdf (CFW Internal) 60WATERMAIN CASTIRON REPLACE DOWNT-FNI FID Table 2 56002 0600430 4956001 105064 2024 $917,951.00 2 56002 0600430 105064 2024 $917,951.00 2 56002 0700430 4956001 105064 2024 $54,539.00 2 56002 0700430 105064 2024 $54,539.00 2 56001 0609020 5956001 $917,951.00 2 56002 0600430 4956001 105064 001730 9999 ($917,951.00) 2 56001 0709020 5956001 $54,539.00 2 56002 0700430 4956001 105064 001730 9999 ($54,539.00) 2 56002 0600430 4956001 105064 001730 9999 ($917,951.00) 2 56002 0600430 5110101 105064 001730 9999 $78,750.00 Water Staff Cost 2 56002 0600430 5550102 105064 001730 9999 $4,000.00 Public Outreach 1 56002 0600430 5330500 105064 001730 9999 $654,076.00 Contract 2 56002 0600430 5710010 105064 001740 9999 $50,000.00 Easement Acquisition 2 56002 0600430 5110101 105064 001740 9999 $5,000.00 Easement Acquisition 2 56002 0600430 5330500 105064 001740 9999 $2,500.00 Easement Acquisition 2 56002 0600430 5740010 105064 001780 9999 $2,500.00 Easement Acquisition 2 56002 0600430 5310350 105064 001770 9999 $3,000.00 Utility Coordination 2 56002 0600430 5330500 105064 001784 9999 $91,875.00 Soil Lab Consultant 2 56002 0600430 5310350 105064 001784 9999 $26,250.00 Soil Lab TPW Staff 2 56002 0700430 4956001 105064 001730 9999 ($54,539.00) 2 56002 0700430 5110101 105064 001730 9999 $6,300.00 Water Staff Cost 1 56002 0700430 5330500 105064 001730 9999 $47,239.00 Contract 2 56002 0700430 5310350 105064 001770 9999 $1,000.00 Utility Coordination 56002 I 12060000 I 105064 RETAIN I I I I IRetainage Combo Code