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HomeMy WebLinkAboutContract 61530CSC No. 61530 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: Water and Sanitary Sewer Replacements Contract 2023, WSM-P — Project No. 105111. 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 $548,293.00 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 W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 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. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. 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. City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 2 of 15 (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. E. 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. F. 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 City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 3 of 15 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. G. 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. H. 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. City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 4 of 15 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. J. 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 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement 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. K. 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 City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 5 of 15 subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. 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. M. 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. N. 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. O. 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. P. 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, City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 6 of 15 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. Q. 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. City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 7 of 15 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. 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. City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 8 of 15 (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. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 9 of 15 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. 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, City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 10 of 15 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 11 of 15 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. 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" City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 12 of 15 shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 13 of 15 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. 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 W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 14 of 15 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: Jun 10, 2024 ATTEST: Jannette Goodall City Secretary on v4F ..... �0F a° �o aaan nEzp`'o44 APPROVAL RECOMMENDED: Cl��lIto,�l�e� tfa��fe� By: Christopher Harder (Jun 4, 202414:48 CDT) Christopher Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By. Douglas Black (Jun 10, 2024 12:18 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER Freese and Nichols, Inc. �-) Cole J�� Nicholas Lester, P. E. Vice President Date: 05/29/2024 Form 1295 No.: 2024-1134306 M&C No.: 24-0427 M&C Date: Mav 14, 2024 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. Claytn Torrance Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas W&SS Repl. Contract 2023 WSM-P Standard Agreement for Engineering Related Design Services CPN 105111 Revised Date: 12-08-2023 Page 15 of 15 ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 ATTACHMENT A Scope for Enqineerinq Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 and Sanitary Sewer Replacements Design of approximately 3,150 LF of 12" waterline, 8,950 LF of 8" waterline, and 7,200 LF of sanitary sewer line replacements. 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. ROW/Easement Services Task 8. Survey Task 9. Plan Submittal Checklists Task 10. 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 • Utilize FNI's quality control process 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 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project • Coordinate with other agencies and entities, USACE, and TRWD, as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • 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. The sealed design will be submitted to TCEQ. • 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. • 32 monthly Water Department progress reports will be prepared. • 32 monthly project schedule updates will be prepared. • One construction contract. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 2 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 ■ No alternates will be evaluated and the alignments will be replaced in place ■ Recommend the alternatives (if any) 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, City Master Plans, and property ownership as available from the Tax Assessor's office. 2.2. 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. The ENGINEER will meet with the CITY to review the strip map before proceeding with the Preliminary Design. • Documentation of key design decisions. • Estimates of probable construction cost. 2.3. Environmental • Compile existing information and pertinent data to the project area, such as soils maps, topographic maps, floodplain maps, National Wetland Inventory and National Hydrography Dataset information, to guide the desktop survey described below. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 3 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 Conduct a desktop evaluation of the proposed waterline and sewer relocation alignments. The types of information that will be utilized will include, but is not limited to, U.S. Geological Survey (USGS) 7.5-minute topographic maps, U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) maps, Natural Resources Conservation Service (NRCS) soils maps, as well as recent and historical aerial photographs of the proposed project area. The evaluation will include the identification of potential waters of the U.S. and an assessment regarding potential federally listed threatened and endangered species habitats. The evaluation will be summarized in a Technical Memorandum. The draft Memorandum will be submitted to the City for review and comments from the City will be incorporated into the final document. In FNUI's opinion, no waters of the U.S. will be impacted by the proposed waterline relocation activities and a Clean Water Act Section 404 permit will not be required to relocate the waterlines. Projects sponsored by public entities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance consultation with the Texas Historical Commission (THC) according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed one or both of these thresholds, coordination with THC is expected to be required. FNI will draft a consultation letter to the THC for the City's review and comment. FNI will incorporate the City's comments and submit the consultation letter to the THC for their review. In the event the THC requests a cultural resources survey, hiring and coordination with a subconsultant to conduct an archeological field survey and draft a comprehensive report of the survey's finding, will be considered an additional service. A section of the proposed sewer line replacement may affect an existing levee feature most likely owned by the U.S. Army Corps of Engineers (USACE) and maintained by the Tarrant Regional Water District (TRWD). 33 USC 408 (Section 408) governs processing requests made by private, public, tribal, or other federal entities to make alterations to, or temporarily or permanently occupy or use, any USACE federally authorized Civil Works project. FNI will coordinate with USACE Fort Worth District and TRWD, with a request for Section 408 jurisdictional determination, to assess the applicability of Section 408 to the affected levee section. The coordination action will include providing USACE and TRWD with documentation to explain the project purpose and need, descriptions of the proposed alteration and the features of the alteration that may impact the USACE Civil Works levee project, along with relevant plans, maps and figures. If it is determined that the affected levee section is within the jurisdiction of Section 408, FNI will further coordinate with USACE and TRWD regarding any technical evaluations that will be required to obtain permission to alter the affected levee section. Additional technical evaluations associate with Section 408 requirements beyond the currently defined scope of work will require a subsequent amendment to the work order to complete these evaluations. ASSUMPTIONS • 2 copies 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 eBuilder. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 4 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 • 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. One SS pipeline to be replaced is located beneath a West Fork Trinity River levee and connects to a SS gravity main that parallels the river. The levee is a U.S. Army Corps of Engineers (USACE) Civil Works project and replacing the SS pipeline beneath the levee would require Section 408 National Environmental Policy Act (NEPA) compliance. Since the Tarrant Regional Water District (TRWD) is the local sponsor of the levee, Section 408 coordination with the USACE and TRWD would be required for the SS pipeline replacement. DELIVERABLES A. Strip map of the proposed alignments B. Estimates of probable construction cost TASK 3. PRELIMINARY DESIGN (60%). Preliminary plans and specifications shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings and Specifications shall include the following: • Cover Sheet A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument #8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall proiect easement lavout sheet(s) with property owner information. Overall proiect 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 5 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 • 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. 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 eBuilder 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 6 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 3.3 Geotechnical Investigation • ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. The Engineering will provide all drilling, sampling, and testing and issue a geotechnical report as outlined below. Task 3.3.1— Field Exploration Select and mark up to 2 boring locations and notify Texas 811 and City of Fort Worth to request location and marking of existing underground utilities prior to the field exploration. The locations will be selected to be clear of underground and overhead utilities. • Obtain drilling permits from the City of Fort Worth and USACE prior to drilling core borings. A Geotechnical Investigation Plan for the core drilling will be developed and submitted to USACE for approval, as a part of the drilling permits. Subcontract with a geotechnical drilling contractor to drill a total of 2 borings to a depth of 35 feet with a track drill rig. Samples will be collected intermittently using hollow stem augers and either split -spoon or tube samplers. Rock and rock -like materials will be tested insitu using a TxDOT Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with cement-bentonite grout. • Provide an Engineer or Geologist experienced in logging borings to direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided per the Unified Soil Classification System (USCS). Task 3.3.2 — Laboratory Testing • Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. FNI will select samples for laboratory testing, assign tests, and review the test results. Testing will be performed by a geotechnical testing subcontractor. • Laboratory tests will be assigned based on the specific subsurface materials encountered during exploration. Test type and quantity may vary, but are expected to include: • Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) • Moisture content • Dry unit weight • Unconfined compressive strength • Consolidated undrained triaxial shear strength • Corrosion testing City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 7 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 Task 3.3.3 — Engineering Analysis • Prepare a geotechnical memorandum investigation to include: • Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. • Discussion of subsurface conditions and soil properties indicated by the field and laboratory work. • General discussion of expected construction related issues. • Provide geotechnical support to the design team as needed. ASSUMPTIONS • Traffic Control "Typicals" will be utilized. • 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 eBuilder. • 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 one public meeting DELIVERABLES A. Public meeting exhibit B. Preliminary Design drawings and specifications C. Utility Clearance drawings D. Traffic Control Plan E. Storm Water Pollution Prevention Plan F. Estimates of probable construction cost G. Data Base listing names and addresses of residents and businesses affected by the project. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 8 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 TASK 4. FINAL DESIGN (90%) AND FINAL CONSTRUCTION DOCUMENTS (100%). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: For projects that disturb an area greater than one (1) acre, the Contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The Engineer will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction which will be incorporated into the SWPPP by the contractor. • Incorporate City comments and submit draft Final plans (90%) and specifications to CITY per the approved Project Schedule. • 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 eBuilder. • 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 eBuilder. • 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. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 9 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 eBuilder for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to eBuilder in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall maintain a plan holders from Contractor's uploaded Plan Holder Registrations in eBuilder . 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 eBuilder 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 eBuilder. • 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. • 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 eBuilder. • Incorporate all addenda into the contract documents and issue conformed sets. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 10 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 Dian 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. Example: X-12755_org18.pdf • Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in eBuilder. • 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 only once and awarded to one contractor. • Construction documents will be made available on eBuilder for plan holders and/or given to plan viewing rooms. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 11 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 • 1 set of 11"x17" size and 1 set of 22"x34" size drawings plans and 2 specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF, and DWG files will be uploaded to eBuilder. DELIVERABLES A. Addenda B. CFW Data Spreadsheet C. Recommendation of award D. Construction documents (conformed, if applicable) TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • 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 6 visits) as construction proceeds to observe and report on progress. • The ENGINEER will attend monthly construction meetings (up to 10). • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents including up to 8 RFIs, 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 City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 12 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red -lined drawings shall be returned to the CITY with the mylars. 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. Sinaular 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 eBuilder. ASSUMPTIONS • 8 RFI's are assumed. 1 Change Order is assumed • One .PDF copy of record drawings will be provided to the CITY. DELIVERABLES City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 13 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 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 F. Record Drawings TASK 7. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 7.1. Right -of -Way Research • All alignments will stay within existing right-of-way and any alignments within private property will be rerouted to utilize ROW. ASSUMPTIONS • 0 Easements or right-of-way documents will be necessary. • 0 Temporary right -of -entry documents will be necessary. Construction limits will stay within ROW. • Right -of -Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. TASK 8. SURVEY ENGINEER will provide survey support as follows. 8.1. Design Survey 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. The topographic survey shall include, but not limited to, locating all existing features such as water valves, water meters (with serial numbers), curb & gutter, asphalt, buildings, sidewalks, medians, fences, driveways, storm & sewer manholes, inlets, storm drain outfalls, trees 6" and larger, tops and toes of slope, power poles, mailboxes, signs, telephone risers and other visible features. Sewer cleanouts shall be located and inverted along the portion of the projects where sanitary sewer replacement City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 14 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 is required. In the case where the cleanouts are not located the finished floor elevation of the house/building will be recorded. • 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. ASSUMPTIONS Topographic survey along City streets will be full ROW width, the segments outside of ROW will be surveyed at a 50 ft width. DELIVERABLES • Copies of field survey data and notes signed and sealed by a licensed surveyor. • Drawing of the project layout with dimensions and coordinate list. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 15 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 TASK 9. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Traffic Traffic Traffic Street Water Control Control Control "A" Traffic Storm Storm Lights /Sewer Traffic 30% 60% 90% Attachment Signal Water Water (Submit (Submit Engineering Type (Submit All 30% 60% All @ All @ (Submit All @ 30%) 30% 60%) °) @60 /o Required for all work in City ROW Street X X X X V X X X X Storm Water X X X X X Water / Sewer X X X X *If included in street project ASSUMPTIONS • The pipeline route will follow existing roadways. DELIVERABLES A. Plan submittal checklist. Task 10. 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 existinq 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: City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 16 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 • 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 six visits. • Attendance of more than one design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake, or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Review of more than eight Requests for Information. • Review of more than one change order. • 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. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY and not specifically identified in the Scope of Services. • Phasing of the project into multiple bid sets. • Analysis of subgrade conditions for pavement design related to geotechnical bores. • Field delineation of waters of the U.S. (WOTUS) based on the 1987 USACE Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Great Plains Region (Version 2.0). • Preparation of a pre -construction notification (PCN) for Section 404 nationwide permit (NWP) authorization or preparation and submittal of an individual Section 404 permit (IP) application. • Conditional Assessment, mitigation bank coordination, and/or the preparation of a mitigation plan to compensate for impacts to waters of the U.S. (WOTUS). City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 17 of 18 ATTACHMENT DESIGN SERVICES FOR 2023 WSM-P WATER AND SANITARY SEWER REPLACEMENTS CITY PROJECT NO.: 105111 • Consultation with the U. S. Fish and Wildlife Service (USFWS) under Section 7 of the Endangered Species Act. • Presence/absence surveys for federally listed threatened or endangered species. • Tree survey and preparing permit application for compliance with City tree ordinance requirements. • 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). • NPDES Municipal Separate Storm Sewer System (MS4) services. • Hazardous Materials Survey. • Cultural resources survey by a professional archeologist. • Meetings or consultation with the USACE or other resource agencies, except as specifically noted in the scope of services. • Additional field investigations or analysis required to respond to public or regulatory agency comments. • Subsurface Utility Engineering (SUE) services. City of Fort Worth, Texas Attachment A PMO Release Date: 08.1.2014 Page 18 of 18 ATTACHMENT B COMPENSATION Design Services for WSM-P Water and Sanitary Sewer Replacements City Project No. 105111 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $548,293.00 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. 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 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Freese and Nichols, Water and sewer line design Inc. Proposed MWBE Sub -Consultants Gorrondona & Survey Associates, Inc. Beyond Engineering Geotechnical Testing Lab and Testing Non-MWBE Consultants WEST Drilling Geotechnical Driller Project Number & Name WSM-P Water and Sewer Replacements City Project No.: 105111 City MWBE Goal = 12% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 TOTAL Fee Amount 428,231 78.11 % $103,762 18.92% $9,400 1.71 % $6,900 1.26% $548,293 100% Total Fee MWBE Fee MWBE % $548,293 $113,162 12% Consultant Commtted Goal = 12% AM EXHIBIT "13-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 AM Professional Services Invoice Project Manager: Clayton Torrance Project: WSM-P Water and Sewer Replacements City Project #: 105111 City Sec Number: Company Name: IFreese and Nichols, Inc. Supplier's PM: IClaire Yancey I Supplier Invoice #: I I Payment Request #: 11 I Service Date: From I I Service Date: To I I Invoice Date: I I Summary Supplier Instructions: Fill in green cells including Invoice Number, From and To Dates and the included worksheets. When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the Consultant folder within Project's folder. email: Iclaire.vancevna freese.com Office Addressi8o1 Cherry Street, STE 2800 Telephone: I(817) 618-4939 I Fax: 1(817) 735 - 7491 I Remit Address:I Agreement LTD Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining Sheet FID and Work Type Description Amount Amount Date Amount Spent Previously Invoice Balance Work Type 1 Water $343,748.00 $343,748.00 Work Type 2 Sewer $204,545.00 $204,545.00 Work Type 3 Work Type 4 Work Type 5 Work Type 6 Totals This Invoice $548,293.00 $548,293.00 Overall Percentage Spent: Professional Services Invoice Project Manager: Clayton Torrance Project: WSM-P Water and Sewer Replacements City Project #: 105111 Work Type Desc: lWater Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice is complete, save and close, start B—saw and Add your invoice to the Consultant folder within Project's folder. Company Name- Freese and Nichols, Inc. Supplier's PM: Claire Yancey Supplier Invoice #: Payment Request#: 1 Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Totals This Unit: email: claire.yancey@freese.com Office Address: 8o1 Cherry street, STE 2800 Telephone: (817) 618-4939 Fax: (817) 735 - 7491 Remit Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $343,748.00 $343,748.00 $343,748.00 $343,748.00 Overall Percentage Spent: Percent ($) Invoiced Spent Previously Current Invoice Remaining Balance $343,748.00 $343,748.00 Professional Services Invoice Project Manager: Clayton Torrance Project: WSM-P Water and Sewer Replacements City Project #: 105111 Work Type Desc: ISewer Supplier Instructions: FID: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: 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: Claire Yancey Supplier Invoice #: Payment Request #: 1 Service Date:From Service Date:To Invoice Date: Pay Items 30 - Design Description Totals This Unit: email: claire.yancey@freese.com Office Address:801 Cherry Street, STE 2800 Telephone: (817) 618-4939 Fax: (817) 735 - 7491 Remit Agreement LTD Agreement Amendment Amendment Amount to Completed Amount Number Amount Date Amount $204,545.00 $204,545.00 $204,545.00 $204,545.00 Overall Percentage Spent: Percent ($)Invoiced Spent Previously Current Remaining Invoice Balance $204,545.00 $204,545.00 EXHIBIT B-2 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Design Services for WSM-P Water and Sanitary Sewer Replacement Contract City Project No. 105111 Labor(houail Expense Taek No. Task Description Principal Project Protect Tunneling Atlministrative Traffic Traffie Geotechnical Geotechnical Control Control Envl-.-.n l Environmental CAD "IS Total Labor Cost Subconsultant Total Expense Task Bob Total Percent Complet Ra(Q $361 Manager $201I Engineer $149 Lead $28d $144 (Leatl) (Engineer) (Leatll }DeslQper1 $32 $26 ' $. $1]S (Lead) (Scientist) Tech $221 $1 $18) Analyst $16,1 Travel Reprotludion MWBE Non-MWBE Cost 11.0 t oipct Management for 6J g1 d 11 d I( U d d d d y $34.41 sd $II sd $71� $79 $34,481 0 1.1 ANC 12 $4,33 $4,33s 0' 12 t;ommun-tu ns and Raoorllnq $�J $0 N/A 1 21 Pre -oast Coordination Mee9nq f 4 $2.14;SoAJ/1 $79 $79 $2.221 0' 122 Design S'ubml.1 Review Meebngs 2 Q 12 $3.33 1.2.:i Prepare Basehne Schedule 4 $821 1 24 Prepare Monthly Progress Reports with Sch.d.le 1.2.5 Prepare Monthly MBE/SBE Rewds 16l 16 12 $2.3 1_oX/'rylll $5,1 126 TRWD Coordination 1 iti 3Q $8.14.i 127 USACE CoordinaM1on 1 1 V $8.146 12.0 Conceptual D.1?s�gnff30%1 d 110 191 1i 0 0 0 0 td 40 190 14 $t03.295' $0 $0 21 at Collection �UfiIIN Coordlnahon 16 40 46 $15.270 22 Conceptual Design Package (Stop Map) 8 100 152 4 11 150 $71.17 23 Environmental 4 40 14 $1,849 13.0 allm n 3,mimi%s and d 1 44 d 31 4d d 16 0 d 1" 4 $111,4007 $940 $6,900 B-fflcations 8 80 is0 40 8 16 140 $66,772 33 Geotechnical Investigations 8 32 48 $25,616 $9,400 $6,900 3.3 bubhc Meeting 1 1 4 $1.012 j4.0 hnal Dasign 11 72 132 16 0 0 0 0 0 0 0 132 0 $67,043 $0 $0 Final Dont (90%) Uonsummon Plans ead 41 Specifications 6 40 60 12 60 $33,702 411 Erosion Control 1 8 24 24 $9,937 4.2 kinal (100%) Plans and Speciticabons 2 20 40 4 48 $20,662 43 Construction Estimates (90 % and 100%) 2 Q[ d $2,742 Is.o idPh... d i] 21 d d d d d d d d 4d d E,da94 Ed $d 51 �id Suna $0 51 1 UOload Documents to BIM 360 5.1.3 Issue Atltlend. d 1 4 14 d $1,866 $2,914 515 Review Bids and Recommend Award 2 1 $712 52 Issue Conformed Documents 4 6 8 32 $8.706 16.0 Con.tmctlon Phase Services d Bd 118 d d d d d d d d 8d 9 $47,E9d Ed $d 61 Construction Sup od Q d $0 61 1 AttentlP(I � 1 I'tign Conferonce 6.1Y Attend Public lvleeLnA 4 d E2,0 $2,02 81 :� Site Visi[s (aq to at.) 6 24 2{ $, g.71 61 4 Constmction Meetlnrr1� (up to ten Requests for lnfortnalian/Change�rder id 2(i Es.O 615 Review 4 10 $2,31 61 6 ShofffI Drawlnq Review up to 20) id 24 $6.88 62 2a_ DrawmgslAs But Q 24 86 $18,8 17.0 10WIEa.am.. Bawl... d d d d d d d d d d d d d $1,,9 sd ". $d 71 iight-of-Entry Documents 8 $1.192 18.0 $u 0 2 d d d 0 0 0 0 0 d 20, Q $5,22� $103,761 $0 8.1 JeslA�u,., 2 d 26 $5,22/31 $103,781 19.0 -Ian Submittal Checklists f f e a2>(� -ditional Services 10 b1101,zetl by I10.0 the City if needed) $30,001 EO Total6. 51 40, 716. 64, 31 31. 40. a. 19. id. 4d, 601, t6. f614,8521 E113,16'1 $6,90d, Water and Sewer Dasign Breakdown Footage %Fo ga Design Fee Water Santtary Sewer Remaining Water 12,100 6269% $343,748 LF % $ LF % $ Total Cost %Complete Bud at Sewer 7,200 3731% $204,545 Contracts 12, 100 62.69% -3,74: 7,200 3731% $204,545 $ 548,293 0% $ s48,293� Total t9,300 100% $648,293.00 Total 12,100 1 343,748 7,200 0 204,545 $ 548,293 % $ 548,293 City of Fort N.M. Texas Attachment B - Level of E6od Supplement Typical Water and Sewer Replacement FW R Official Release Date 8 09 2012 $0 Su $0 61 o3.2" $6 $15.271 $76.177 $11,84d $d o $200 $16'sa $127,960 $200 $200 $84,972 $60 $16,360 $41,976 $1,012 $0 $200 $200 $67,243 $200 $200 $33,902 $9,937 $20,662 $2.741 $0 $20d $200 $14,394 $d $206 $200 $2,062 $2,914 $7111 $8,706 $13d $30d $430 $48,32d $d / $2S $306 $325 $2.346 $8d $8, $2'106 $24 $ 5 $io.736 $5'056 $2,318 $6.88d $18,884 $d $d $0 f,.19i $1.192 $0 $104 $103,SOd, $109.092 $104 $103,86� $109,091 $2!d f30,000 f19d, f1,00l, $121,315 f536,28') Project Summary Total Hours 2,06E Total Labor $414,952 Total Expense $121. 31 MBEISBE Subwnsultant $113,162 Non-MBEISBE Suboonsuhant $6,900 10% Sub Markup $12,006 MBEISBE Pamcipebon 20.64% Total Prolect Cost $5,111,293.00 I Budget OPINION OF PROBABLE CONSTRUCTION COST PROJECTWSM-P W/SS Replacements (CPN:105111) DATE 2/8/2024 CLIENT FW Water GROUP 1112 % SUBMITTAL Conceptual PM Claire Yancey ESTIMATED BY QC CHECK FNI PROJECT Claire Yancey Amanda Johnson FTW24XXX ITEM DESCRIPTION 111111IM11011 1 12 Water Line (By Open Cut) 3,150 LF $ 168 $ 529,200 2 8" Water Line (By Open Cut) 8,950 LF $ 112 $ 1,002,400 3 12" Gate Valve 10 EA $ 6,000 $ 60,000 4 8" Gate Valve 17 EA $ 4,000 $ 68,000 5 Fire Hydrant Assembly 11 EA $ 7,500 $ 82,500 6 Connection to Existing Water Line 15 EA $ 15,000 $ 225,000 7 8-in Sewer Line (By Open Cut) 7,173 LF $ 100 $ 717,300 8 4' SSMH 25 EA $ 10,000 $ 250,000 9 Reconnection to Existing Sewer Service 180 EA $ 3,000 $ 540,000 10 Bypass Pumping 1 LS $ 10,000 $ 10,000 11 CCTV Inspection of Existing Sewer 7,173 LF $ 3 $ 21,519 12 Abandonment Grout of Existing Sewer 7,173 LF $ 38 $ 272,574 13 nhole Abandonment 3 EA $ 1,800 $ 5,400 14 Trench Safety 19,273 LF $ 5 $ 96,365 15 Construction Staking 1 LS $ 20,000 $ 20,000 16 Storm Water Pollution Prevention Plan 1 LS $ 20,000 $ 20,000 17 Traffic Control 1 LS $ 20,000 $ 20,000 18 Asphalt Pavement Repair 19,273 LF $ 100 $ 1,927,300 19 Striping Replacement 1 LS $ 5,000 $ 5,000 20 Pre -Construction Video 1 LS $ 5,000 $ 5,000 SUBTOTAL $ 5,877,558 SUBTOTAL SUBTOTAL $ 8,404,908 COST ESCALATION FACTOR 8.5% $ 843,012 The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. NOTES: 1 FNI OPCC classified as an AACE Class 4 Estimate with accuracy range or -20 to + 30. 2 FNI OPCC does not include costs associated with engineering fees, permits, surveying, etc. Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for WSM-P Water and Sewer Replacements Project No. 105111 None. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 CPN: 105111 - WSM-P Water/Sanitary Sewer Replacements Report Print Date: Wed 3/13/24 ID Task Name (Duration Start Finish 2024 2025 2026 2 Jan Feb War Aor Mav Jun I Jul Aue Set, I Oct Nov I Dec Jan I Feb I Mar Aor Mav Jun Jul Aue Seo Oct I Nov Dec Jan Feb Mar I Aor Mav I Jun I Jul Aue I Seo Oct Nov I Dec 2 Notice to Proceed 1 day Mon 4/22/24 Mon 4/22/24 q Noticr to Proceed 3 Kick-off Meeting 1 day Tue 4/23/24 Tue 4/23/24 F 4 Design Survey 5 Conceptual Design (30%) 90 days 37 days Wed 5/1/24 Tue 9/3/24 Wed 9/4/24 Thu 10/2 6 Prepare 30% Design (Stripmap) 25 days Wed 9/4/24 Tue 10/8/24 11 Submit 30% Design 1 day Wed 10/9/24 Wed 10/9/24 I 30%De: ign 12 FW Water Review 2 wks Thu 10/10/24 Wed 10/23/2c1 13 30% Review Workshop 1 day Thu 10/24/24 Thu 10/24/241 +omit �] 14 30% Design Complete 0 days Thu 10/24/24 Thu 10/24/24 C-_30%Design Complete 15 urinary Design (60%) i 92 days Fri 10/25/24 Mon 3/3/; d 16 Prepare 60% Preliminary Plans and Specs 74 days Fri 10/25/24 Wed 2/5/25 C 21 Submit 60% Design 1 day Thu 2/6/25 Thu 2/6/25 Sub nit 60% De! ign 22 FW Water Review 3 wks Fri 2/7/25 Thu 2/27/25 23 60% Review Workshop 1 day Fri 2/28/25 Fri 2/28/25 24 Design Public Meeting (Virtual) 1 day Mon 3/3/25 Mon 3/3/25 25 6091 Design Complete 0 days Mon 3/3/25 Mon 3/3/25 '6091 Desigr Complete 26 Final Design (90%) i ' 98 days Tue 3/4/25 Thu 7/17 27 Prepare 90% Final Plans and Specs 34 days Tue 3/4/25 Fri 4/18/25 _ _ _ _ _ _ _ _ _ _ _ _ _ _ 32 Submit Design (FW Water & TCEQ) 1 day Mon 5 Mon mi:90%Design FW VCater WTCEQ)— 33 FW Water Review Water R 3wks /22/2 5/12/25 Tue 4/22/25 Mon S/12/25 34 TCEQ Review and Approval 60 days Tue 4/22/25 Mon 7/14/25 — — — — — — — — — — — — — — — — 35 90% Review Workshop 1 day Tue 5/13/25 Tue 5/13/25 1 36 Incorporate Final Comments 16 days Wed 5/14/25 Wed 5/4/25 r_t 41 Submit Final Plans & Specs 1 day Thu 6/5/25 Thu 6/5/25 mIFival Plai is & Specs 42 Approve Final Plans and Specs (FW Water) 10 days Fri 6/6/25 Thu 6/19/25 �1 43 Design Complete 44 Establish MWBE Goal 0 days 10 days Thu 6/19/25 Thu 6/19/25 Fri 6/20/25 Thu 7/3/25 )es gn Compl ete Fh 45 Prepare Bid Package 10 days Fri 7/4/25 Thu 7/17/25 +i 46 s 244 days Thu 11/7/24 Tue 30/14/25 47 Gas Main Crossing Permit -Submit, Review, 80 days Tue 3/4/25 Mon 6/23/25 — — — — — — — — — — — — — _. _ Approve 48 THC Review and Approval 90 days Tue 3/4/25 Mon 7/7/25 49 TRWD Review 64 days Thu 11/7/24 Tue 2/4/25 1 50 USACE Review 204 days Thu 1/2/25 Tue 1,0/14/25 51 Environmental 10 days Wed 10/2/24 Tue 10/15/24 0"S 52 Desktop Evaluation and Report 2 wks Wed 10/2/24 Tue 10/15/24 m " Utility Relocation � 120 days Thu 2/6/25 Thu 7/24/25 54 UTILITIES Start 0 days Thu 2/6/25 Thu 2/6/25 55 Review Plans and Specs - Utilities 40 days Fri 2/7/25 Thu 4/3/25 56 Utility Relocation 80 days Fri 4/4/25 Thu 7/24/25 57 Utilities Complete 0 days Thu 7/24/25 Thu 7/24/25 01+tillti,:s Conplete 58 Advertisement ' 59 Bid Advertisement 23 days 0 days Mon 7/14/25 Thu 8/14/25 Mon 7/14/25 Mon 7/14/25 k B d Advenisement 60 Advertisement Period 20 days Tue 7/15/25 Mon 8/11/25 61 Hold Pre -Bid Meeting 1 day Fri 8/1/25 Fri 8/1/25 62 Bid Opening 0 days Mon 8/11/25 Mon 8/11/25Bi 1 Opening 63 Review Bids - Bid Tabulations and Select Cc ntrr 3 days Tue 8/12/25 Thu 8/14/2-1 64 onstruction 65 Pre -Construction Public Meeting 361 days 1 day Fri 8/15/25 Fri 1/1/21 Fri 8/15/25 Fri 8/15/25 — — — — — — — — — — — — — — — — — — — — — — — ♦) 66 Construction 18 mons Mon 8/18/25 Fri 1/1/27 Task Milestone O Summary Project Summary CPN: 105111 - WSM-P Water/Sanitary Sewer Replacements •r 70 MGM L RL low—lollagog 01 U I� I Ali I DRAFT FIGURE CITY OF FORT WORTH WATER AND WASTEWATER LINE REPLACEMENTS Rr LEGEND ��� ��, �� ■ �i, ��� � ���� ��� � � � Proposed Water Line Stormwater Line - - - : ; _ _ _ - — Replacement — -i _ __ _ _ - - - - - - _ 0, Proposed Wastewater Line Natural Gas�tt;�Replacement o Thoroughfare Plan �� r sManhole Railroad +'i1� f. J, ii I I C�J1 •o� — o Wastewater Line Stream � —Water Line j/ Floodway .�� g 100-yr Floodplain � : � �- C 11� r FORT WORTH. Parcel �S I0 0350 r FREESE �j SCALE" r IN FEET ATTACHMENT 7" CERTIFICATE OF INSURANCE Water and Sanitary Sewer Replacements Contract 2023, WSM-P City Project No. 105111 City of Fort Worth, Texas Attachment F City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 14, 2024 LOG NAME: 60WSSC23WSMP-FNI SUBJECT: REFERENCE NO.: **M&C 24-0427 (CD 2) Authorize Execution of an Engineering Agreement with Freese and Nichols, Inc. in the Amount of $548,293.00 for the Water and Sanitary Sewer Replacements Contract 2023, WSM-P 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 $548,293.00, for Water and Sanitary Sewer Replacements Contract 2023, WSM-P 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 $783,011.00 transferred from available PayGo residuals within the Water and Sewer Capital Projects fund, for the purpose of funding the Water and Sanitary Sewer Replacements Contract 2023, WSM-P project (City Project No. 105111) and 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 preparation of plans and specifications for sanitary sewer and cast iron water main replacements on the following streets, and easements: Street I From Banks Street Springer Avenue (Tyra Lane Isbell Road Michigan Drive Ohio Garden Road Tidwell Drive Ester Drive Ester Drive Inez Street Christine Street To Ohio Garden Road IBlack Oak Lane Ohio Garden Road (White Oak Lane Ester Drive INorth 410 feet Ohio Garden Road (Barbara Road Christine Street Tyra Lane Banks Street Springer Avenue Isbell Road Isbell Road Isbell Road 130 feet south of the Michigan Avenue / Barbara Road Intersection Isbell Road Springer Avenue Tyra Lane East 490 feet East 750 feet East 1,560 feet Scope of Work (Water/Sewer Water/Sewer 11Water I1Water/Sewer Water Water/Sewer Water/Sewer Water Water/Sewer Water/Sewer Water/Sewer Street From To Scope of Work Barbara Isbell Road East 725 feet W ter Road Easement 625 feet east of the East of Barbara Road / Poinsetta Drive Sewer Michigan Ave Michigan Avenue Intersection In addition to the contract amount, $234,718.00 (Water: $137,497.00; Sewer: $97,221.00) 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 (FY), 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: 60WSSC23WSMP-FNI Capital project FY2024 CIP Budget Revised Fund Name Appropriations Authority Change (Increase/Decrease) FY2024 Name Budget W&S 105111 Capital W/SS Repl. Projects Contract $0.00 This M&C $783,011.00 $783,011.00 -Fund 2023 56002 WSM-P Funding is currently available in the Unspecified -All Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the W/SS Repl Contract 2023 WSP-P project. Appropriations for Water and Sanitary Sewer Replacement Contract 2023, WSM-P, are as depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Capital Projects - Fund $0.00 $783,011.00 $783,011.00 56002 Project Total $0.00I1 $783,011.00 � $783,011.001 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: Freese and Nichols, Inc. is in compliance with the City's Business Equity Ordinance by committing to 20 percent Business Equity participation on this project. The City's Business Equity goal on this project is 12 percent. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified- All Funds project within the W&S Capital Projects 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 W/SS Repl Contract 2023 WSM-P 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 City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Chris Harder (5020) Additional Information Contact: Clayton Torrance (8528) ATTACHMENTS 1. 60WSSC23WSMP-FNI Compliance Memo.pdf (CFW Internal) 2. 60WSSC23WSMP-FNI FID Table (WCF 03.15.24).xlsx (CFW Internal) 3. 60WSSC23WSMP-FNI Form 1295.pdf (CFW Internal) 4. 60WSSC23WSMP-FNI Map.pdf (Public) 5. 60WSSC23WSMP-FNI.docx (CFW Internal) 6. EntitvinformationFREESE AND NICHOLS, INC..pdf (CFW Internal) 7. ORD.APP60WSSC23WSMP-FNI 56002 A024(r2) (1).docx (Public) 8. PBS CPN 105111.pdf (CFW Internal) 60WSSRC23WSN4P-FNI FED Table 2 56002 0600430 105111 2024 $481,245.00 2 56002 0700430 4956001 105111 2024 $301,766.00 2 56002 0700430 105111 2024 $301,766.00 2 56002 0600430 4956001 105111 001730 9999 ($481,245.00) 2 56002 0600430 4956001 UNSPEC UNSPEC 9999 $301,766.00 2 56002 0700430 4956001 105111 001730 9999 ($301,766.00) 2 56002 0600430 4956001 105111 001730 9999 ($481,245.00) 2 56002 0600430 5110101 105111 001730 9999 $51,455.00 Water Staff Cost 2 56002 0600430 5550102 105111 001730 9999 $4,000.00 Public Outreach 1 56002 0600430 5330500 105111 001730 9999 $343,748.00 Contract 2 56002 0600430 5310350 105111 001770 9999 $2,000.00 Utility Coordination 2 56002 0600430 5330500 105111 001784 9999 $62,890.00 Soil Lab Consultant 2 56002 0600430 5310350 105111 001784 9999 $17,152.00 Soil Lab TPW Staff 2 56002 0700430 4956001 105111 001730 9999 ($301,766.00) 2 56002 0700430 5110101 105111 001730 9999 $35,721.00 Water Staff Cost 1 56002 0700430 5330500 105111 001730 9999 $204,545.00 Contract 2 56002 0700430 5710010 105111 001740 9999 $40,000.00 Easement Acquisition 2 56002 0700430 5110101 105111 001740 9999 $10,000.00 Easement Acquisition 2 56002 0700430 5330500 105111 001740 9999 $5,000.00 Easement Acquisition 2 56002 0700430 5740010 105111 001780 9999 $5,000.00 Easement Acquisition 2 56002 0700430 5310350 105111 001770 9999 $1,500.00 Utility Coordination 20�1 1 2060000 105111 RETAIN IRetalnage Combo Code