HomeMy WebLinkAboutContract 61592CSC No. 61592
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES
This agreement ("Agreement") is between the City of Fort Worth, a Texas home -rule
municipality ("City"), and Freese and Nichols, Inc., authorized to do business in Texas
("Consultant"), for a project generally described as: Emergency Repair — 33-Inch Sanitary
Sewer (M-292) Main Break ("Project").
Article I
Scope of Services
(1) Consultant hereby agrees to perform professional services as set forth in this
Agreement and the Scope of Services, attached hereto as Attachment "A"
("Services"). These Services shall be performed in connection with the Project.
(2) Additional services, if any, will be memorialized by an amendment to this Agreement.
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by City, its officers, agents,
employees, consultants, or contractors, or prepared by Consultant, shall be or
become the property of City, and shall be furnished to the City, prior to or at the time
such services are completed, or upon termination or expiration of Agreement.
Article II
Compensation
Consultant shall be compensated an amount up to $61,580.00 ("Contract Amount") in
accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered
full compensation for all labor (including all benefits, overhead and markups), materials,
supplies, and equipment necessary to complete the Services.
Consultant shall provide monthly invoices to City. Payments for services rendered shall be
made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance by Consultant of said payment shall release City from all claims or liabilities
under this Agreement for anything related to, performed, or furnished in connection with the
Services for which payment is made, including any act or omission of City in connection with
such Services.
Article III
Term
Time is of the essence. The term of this Agreement shall commence on the Effective Date and
shall continue until the expiration of the funds or completion of the subject matter pursuant to
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 1 of 9
Emergency Repair —33 In. SS Main Break (M-292)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
the schedule, whichever occurs first, unless terminated in accordance with the terms of this
Agreement. Unless specifically otherwise amended, the original term shall not exceed five
years from the original effective date.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer, agent,
servant, or employee of City. Consultant shall have exclusive control of and the exclusive right
to control the details of the work to be performed hereunder and of all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents,
employees, contractors and subcontractors. The doctrine of respondent superior shall not
apply as between City and Consultant, its officers, agents, employees, contractors, and
subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture
between City and Consultant.
Article V
Professional Competence
Work performed by Consultant shall comply in all aspects with all applicable local, state and
federal laws and with all applicable, standards, codes, rules and/or regulations promulgated
by local, state and national boards, bureaus and agencies. Approval to proceed by City of
Consultant's work or work product shall not constitute or be deemed to be a release of the
responsibility and liability of Consultant or its officers, agents, employees, contractors and
subcontractors for the accuracy and competency of its performance of the Services.
Article VI
Indemnification
CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY
AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS
(INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY
RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT
MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH
OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY
NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER
THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR
NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT.
City of Fort Worth, Texas Emergency Repair — 33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 2 of 9
Article VII
Insurance
Consultant shall not commence work under this Agreement until it has obtained all insurance
required under Attachment F and City has approved such insurance.
Article Vill
Force Majeure
City and Consultant shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or
omission in performance due to force majeure or other causes beyond their reasonable
control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural
disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
Article IX
Transfer or Assignment
Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest
in this Agreement without prior written consent of City.
Article X
Termination of Contract
(1) City may terminate this Agreement for convenience by providing written notice to
Consultant at least 30-days prior to the date of termination, unless Consultant agrees
in writing to an earlier termination date.
(2) Either City or Consultant may terminate this Agreement for cause if either party fails
to substantially perform, through no fault of the other and the nonperforming party
does not commence correction of such nonperformance within 5 days after receipt of
written notice or thereafter fails to diligently pursue the correction to completion.
(3) If City chooses to terminate this Agreement, upon receipt of notice of termination by
Consultant, Consultant shall discontinue Services on the date such termination is
effective. City shall compensate Consultant for such services rendered based upon
Article II of this Agreement and in accordance with Exhibit "B".
Article XI
Right to Audit
(1) Consultant agrees that City shall, until the expiration of three (3) years after final
payment under Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to Agreement. Consultant agrees that City shall have access during normal
City of Fort Worth, Texas Emergency Repair —33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 3 of 9
working hours to all necessary facilities and shall be provided adequate and appropriate
workspace in order to conduct audits in compliance with the provisions of this section.
City shall give Consultant reasonable advance notice of intended audits.
(2) Consultant further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontractor agrees that City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to
examine any directly pertinent books, documents, papers and records of such
subcontractor(s), involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. City shall give Consultant and any
subcontractor reasonable advance notice of intended audit.
(3) Consultant and subcontractor(s) agree to photocopy such documents as may be
requested by City. City agrees to reimburse Consultant for the cost of copies at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
Article XII
Business Equity Participation
City has goals for the full and equitable participation of minority business and/or women
business enterprises in City contracts greater than $100,000. In accordance with City's
Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the
City's Code of Ordinances, as amended, and any relevant policy or guidance documents),
Consultant acknowledges the MBE and WBE goals established for this Agreement and its
execution of this Agreement is Consultant's written commitment to meet the prescribed MBE
and WBE participation goals. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by Consultant may result in the termination
of this Agreement and debarment from participating in City contracts for a period of time of not
less than three (3) years.
Article XIII
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect Agreement
and the work hereunder, and shall observe and comply with all orders, laws ordinances and
regulations which may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. Consultant agrees to defend, indemnify and hold harmless City and all of its
officers, agents and employees from and against all claims or liability arising out of the violation
of any such order, law, ordinance, or regulation, whether it be by itself or its employees or its
subcontractor(s).
City of Fort Worth, Texas Emergency Repair —33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 4 of 9
Article XIV
Immigration Nationality Act
Consultant shall verify the identity and employment eligibility of its employees and
employees of all subcontractor(s) who perform work under Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall
provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under Agreement. Consultant shall adhere to all Federal and
State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Consultant employee who is not legally eligible to perform such
services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant,
shall have the right to immediately terminate Agreement for violations of this provision by
Consultant.
Article XV
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any provision
of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas
or the United States District Court for the Northern District of Texas — Fort Worth Division.
Agreement shall be construed in accordance with the laws of the State of Texas.
Article XVI
Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed
and revised Agreement and that the normal rule of contract construction, to the effect that
any ambiguities are to be resolved against the drafting party, must not be employed in the
interpretation of Agreement or any amendments or exhibits hereto.
The failure of City or Consultant to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of City's
or Consultant's respective right to insist upon appropriate performance or to assert any such
right on any future occasion.
Article XVII
Severability
The provisions of Agreement are severable, and if any word, phrase, clause, sentence,
paragraph, section or other part of Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
City of Fort Worth, Texas Emergency Repair — 33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 5 of 9
unconstitutional for any reason, the remainder of Agreement and the application of such
word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other
persons or circumstances shall not be affected thereby and Agreement shall be construed
as if such invalid or unconstitutional portion had never been contained therein.
Article XVIII
Notices
Notices regarding Articles IX or X are to be provided to the other Party by hand -delivery or
via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the
address of the other Party shown below:
City of Fort Worth
Attn: Chris Harder, P.E.
Water Department
200 Texas St.
Fort Worth, Texas 76102
Consultant:
Freese and Nichols, Inc.
Attn: Nicholas Lester, P. E., Vice President
801 Cherry St. Suite #2800
Fort Worth, TX 76102
All other notices may be provided as described above or via electronic means.
Article XIX
Prohibition On Contracts With Companies Boycotting Israel
Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of
the Texas Government Code, if Consultant has 10 or more full time -employees and the
contract value is $100,000 or more, the City is prohibited from entering into a contract with
a company for goods or services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed
to those terms in Section 808.001 of the Texas Government Code. By signing this
contract, Consultant certifies that Consultant's signature provides written verification
to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract.
City of Fort Worth, Texas Emergency Repair — 33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 6 of 9
Article XX
Prohibition on Boycotting Energy Companies
Consultant 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, Consultant certifies that
Consultant's signature provides written verification to the City that Consultant: (1)
does not boycott energy companies; and (2) will not boycott energy companies
during the term of this Agreement.
Article XXI
Prohibition on Discrimination Against Firearm and Ammunition Industries
Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, 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, Consultant certifies that Consultant's signature provides
written verification to the City that Consultant: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
Article XXII
Headings
The headings contained herein are for the convenience in reference and are not intended to
define or limit the scope of any provision of Agreement.
Article XXIII
City of Fort Worth, Texas Emergency Repair —33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 7 of 9
Attachments, Schedules and Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
The following attachments and schedules are hereby made a part of Agreement:
Attachment A - Scope of Services
Attachment B — Compensation
Attachment C - Changes to Agreement
Attachment D - Insurance Requirements
City of Fort Worth, Texas Emergency Repair — 33 In. SS Main Break (M-292)
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 8 of 9
Duly executed by each party's designated representative to be effective on the date subscribed
by the City's designated Assistant City Manager.
BY:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date: J U n 24, 2024
ATTEST:
Jannette Goodall
City Secretary
oon
a� FORT���p
bO000 ty dd
�dIlfl SEX Aso4
APPROVAL RECOMMENDED:
Christoohe1, Hader
By: Christopher Harder (Jun 21, 202413:49 CDT)
Chris Harder, P.E.
Director, Water Department
BY:
CONSULTANT
Freese and Nichols, Inc.
Nicholas Lester, P. E.
Vice President
Date: 06/21 /2024
APPROVED AS TO FORM AND LEGALITY M&C No.: N/A
M&C Date: N/A
By: Douglas Black (Jun 24, 202414:28 CDT)
Douglas W Black Form 1295 No.: N/A
Sr. Assistant City Attorney
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
Tony Sholola, P.E.
Project Manager
City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: December 8, 2023
Page 9 of 9
Emergency Repair —33 In. SS Main Break (M-292)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT
DESIGN SERVICES FOR
LITTLE FOSSIL (M•292) EMERGENCY SEWER REPLACEMENT
CITY PROJECT NO.: TBD
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
LITTLE FOSSIL (M-292) EMERGENCY SEWER REPLACEMENT
The scope set forth herein defines the work to be performed by the ENGINEER in
completing the project. Both the CITY and ENGINEER have attempted to clearly define the
work to be performed and address the needs of the Project.
WORK TO BE PERFORMED
Design of approximately 2,000 LF of 36" sewer along Mackey Court and Midway Road, as
shown in the attachment.
Task 1. Design Management
Task 2. Sewer Line Design
Task 3. Construction Phase Services
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change:
• communicate effectively
• coordinate internally and externally as needed
• proactively address issues with the CITY's Project Manager and others as necessary
to make progress on the work.
1.1. Managing the Team
• Lead, manage, and direct design team activities
• Ensure quality control is practiced in performance of the work
• Communicate internally among team members
• Task and allocate team resources
1.2. Communications and Reporting
• Conduct up to two (2) meetings with the CITY
• Attend up to two (2) meetings with Haltom City.
• Coordination with TxDOT on the permitted roadway crossing. FNI will provide
documentation and exhibits, the CITY will submit the TxDOT application.
• Coordinate with Haltom City on permitting requirements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 3
ATTACHMENT A
DESIGN SERVICES FOR
LITTLE FOSSIL (M•292) EMERGENCY SEWER REPLACEMENT
CITY PROJECT NO.: TBD
• 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.
• 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.
IFA*allllLTA 12d10h69
• Up to two meetings with City staff.
• Up to two meetings with Haltom City.
• 3 monthly Water Department progress reports will be prepared.
• 3 monthly project schedule updates will be prepared.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices and progress reports
C. TxDOT exhibit and draft application
D. Haltom City permit
TASK 2. SEWER LINE DESIGN.
The sewer line design will include:
- Plan and profile of the 36" sewer line replacement
- Applicable City standard details
ASSUMPTIONS
• PDF copies of the design package will be delivered.
• No geotechnical or environmental assessment will be performed
• Survey and preparation of easement documents will be completed by others
DELIVERABLES
A. Sewer line design package (preliminary and final)
TASK 3. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase as follows
6.1 Construction Support
• Review construction shop drawings (up to 6)
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 2 of 3
ATTACHMENT A
DESIGN SERVICES FOR
LITTLE FOSSIL (M•292) EMERGENCY SEWER REPLACEMENT
CITY PROJECT NO.: TBD
• Attend construction site visits/meetings (up to 2)
• Provide as -built drawings
DELIVERABLES
B. Response to Contractor's Request for Information
D. Review of shop drawings (up to 6)
E. Final Punch List items
F. PDF copy of Record Drawings
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's
written request. Any additional amounts paid to the ENGINEER as a result of any material
change to the Scope of the Project shall be agreed upon in writing by both parties before the
services are performed. These additional services include the following:
• Stream restoration or stabilization
• Survey, SUE, and preparation of metes and bounds
• Property acquisition, including temporary rights -of -entry
• Geotechnical investigation
• Environmental assessments, including archeological survey
• Bid phase services
• Construction phase inspection services
• Services necessary due to the default of the Contractor.
• Services related to damages caused by fire, flood, earthquake, or other acts of God.
• Services related to warranty claims, enforcement, and inspection after final completion.
• Services 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.
City of Fort Worth, Texas
Attachment A
PIVO Release Date: 08.1.2014
Page 3 of 3
IV. Summary of Total Project Fees
Firm
Prime Consultant
Freese and Nichols, Inc.
(Proposed MBEISBE Sub -Consultants
Non-MBEISBE Consultants
Project Number & Name
WATER AND SANITARY
SEWER REPLACEMENT
CONTRACT WSM-B (LEAD $
SERVICES REPLACEMENT
D2) - CPN No. 102169
ATTACHMENT B
COMPENSATION
Primary Responsibility
Water Dept. Fees I %
1 $ 61,580.001
TOTAL $
TOTAL $ -
GRAND TOTAL $ 61,580.001
Total Fee
MBE/SBE Fee MBEISBE %
61,580.00 $ -
City MBE/SBE Goal = N/A Consultant Comitted Goal = N/A
Professional Services Invoice Project Manager:ITonySholola, P.E. Summary
Project: I Emergency Repair —33-Inch Sanitary Sewer (M-292) Main Break
City Project #: I N/A I
PO #
City Sec Number: I I
Supplier Instructions:
Fill in green cells including Invoice Number, From and To Dates and the included worksheets.
Company Name: IFreese and Nichols, Inc.
I
When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the
Consultant folder within Project's folder.
Consultant's PM: (Amanda Johnson, P.E. 1
email:
Amanda.Johnson((Dfreese.com I
Supplier Invoice #: I I
Office Address: 8o1 Chem St. Suite #2800, Fort Worth, Tx 76102
Payment Request #: I I
Telephone:
1(817) 735-7533
Service Date:From 1
Fax:
I
Service Date:To
Invoice Date:
Remit Address:)
Agreement LTD
Agreement Amendment Amount to Completed Percent ($) Invoiced Current Remaining
Sheet FID and Work Type
Description
Amount Amount Date Amount Spent Previously Invoice Balance
Work Type1 Water Design
$61,580.00 $61,580.00 $61,580.00
Work Type 2
Work Type 3
Work Type 4
1
Work Type 5
Work Type 6
Totals This Invoice $61,580.00 $61,530.00 $61,580.00
Overall Percentage Complete:
Professional Services Invoice Project Manager: Irony Sholola, P.E.
Project: Emergency Repair — 33-Inch Sanitary Sewer (M-292) Main Break
City Project#: N/A
Work Type Desc: I Supplier Instructions:
FID: I
City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities
Purchase Order: I When yourinvoice is complete, save and close, start 13u-saw and Add your invoice to the
Consultant folder within Project's folder.
Company blame: Freese and Nichols, Inc
Supplier's PM:
Amanda Johnson, P.E. email:
Amanda.Johnson@freese.com
Supplier Invoice #:
Office Address: 801 Cherry St. Suite #2800, Fort Worth, TX 76102
Payment Request #:
Telephone:
(817) 735-7533
Service Date:From
Fax:
Service Date:To
Invoice Date:
Remit
Pay Items
Agreement LTD
Agreement Amendment Amendment
Amountto Completed Percent ($)Invoiced Current
Remaining
Description
Amount Number Amount
Date Amount Spent Previouslv Invoice
Balance
30 - Design
I
I
Water
$61,580.00
I
$61,580.00
$61.580.00
Totals This Unit:
I
I
I
I
$61,580.00
$61,580.00
$61,580.00
Overall
Percentage Complete:
(Task No.
Task Description
11.0
Project Man4Qpment
1.1
Manapinq the Team
1.2 communications and R�rnq
1.2.2
Coordination Meetings 1)
1 2 3
Prepare Monthly Progress Reports with
Schedule
I 1.2.4
Haltom City Coordination
I 1.2.5
TxDOT Coordination
1.2.6
Survey Coordination
2.0
Sewer Line Des
2.1
Prelimina[y Design Drawings
2.2
Final Design Drawinps
3.0
Construction Phase Services
3.1
Construction Meetings /up to two))
3.1
Shop Draw rIq Review j to 6)
3.2
Record Drawings/As AAA ih
EXHIBIT B-2
Level of Effort Spreadsheet
TASKIHOUR BREAKDOWN
Design Services for
LITTLE FOSSIL (M-292) EMERGENCY SEWER REPLACEMENT
City Project No. TBD
Labor(hours E><I4ense
Principal Mai/ectrl Enq neer� EncinTunnelere9J 7 $
88 Total Labor Cost MWBESubcon Non-MWBEI Travel
Kate $32 J a1�7) $1651 $288J
2J1 0 4 12 $10,408 $0 $01 $2be
1 $227
I S6 I
51 $2.390 1 $29
I
I
I
I
I
Totals)
City of Fort Worth, Texas
Attachment B - Level of Effort Supplement
Typical Water and Sewer Replacement
FVWJTR Official Release Date: 8.09.2012
Total Expense Task Sub Total
Reproduction Cost
$0 $29 $10,434
s0 $222
s6 $0
$26 $2.416
J
31
1
$666
1
$0
$666
444
51
$2,390
so
S2,390
41
4
6
$3,168
1
SO
$3,166
21
I
6
$1,572
1
$0
$1,572
151
301
601
151
90
$42,600
$0
s01 $6
$40 $40
$42,640
101
201
351
10
70
$29,455
1
S40 $46
$29.495
51
101
25J
51
20
$13,145
$0
$13,145
41
8J
101
01
20
$8,466
$01
$01 $40
$0 $46
$8,506
41
4'
1
$2,168
1
1 $4Q
$40
$2.208
2
61
$1.434
1
1
$0
$1,434
1
I
41
20
$4,864
so
S4,864
271
581
701
191
122
$61,474
01
I 6ti
40 106
$61,580
Project Summary
Total Hours
296
Total Labor
561,414+
Total Expense
$1061
MBE/SBE Subconsultantl
Sol
Non-Mll-EIE SubconsultantI
SO
I
10% Sub Markup)
SO
MBE/SBE Participation
0.00r
Total Project Cost
$61,580.00
801 Cherry Street, Suite 2800 + Fort Worth, Texas 76102 + 817-735-7300 + FAX 817-735-7491
May 24, 2024
Mr. Tony Sholola, P.E.
Assistant Director, Capital Project Delivery
City of Fort Worth Water Department
311 West 10th Street
Fort Worth, TX 76102
Re: Little Fossil (M-292) Emergency Sewer Replacement (City Project No. TBD)
Dear Mr. Sholola
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(t_i�uF`„Siant�ilolE'. �1=1a�i�q:
www.freese.com
Freese and Nichols, Inc. (FNI) is pleased to provide this proposal for professional design services for the
Little Fossil (M-292) Emergency Sewer Replacement project. The proposal includes sewer line design and
construction support for the emergency water line repair.
A summary of the fee is shown below:
Item
Fee
Design
$53,074
Construction Support
$8,506
Total
$61,580
Freese and Nichols appreciates the opportunity to work with you on this project.
Sincerely,
Amanda Johnson, P.E
Project Manager
Attachments
Attachment A — Scope
Attachment B — LOE
Project Exhibit
L:\Client\OLCR\F\Fort Worth Water\Little Fossil (M-292) Emergency Sewer Replacement
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Emergency Repair — 33-Inch Sanitary
Sewer (M-292) Main Break
City Project No. NIA
No Changes
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
ATTACHMENT "D"
CERTIFICATE OF INSURANCE
Design Services for
Emergency Repair — 33-Inch Sanitary Sewer (M-292) Main Break
City Project No. N/A
City of Fort Worth, Texas
Attachment F
PMO Release Date: 05.19.2010
Page l of 1
INTEROFFICE MEMO
Date: June 11, 2024
To: Fernando Costa, Assistant City Manager
From: Chris Harder, P.E., Water Director
Subject: EMERGENCY REPAIR- 33-INCH SANITARY SEWER (M-292) MAIN BREAK
ADJACENT TO 5301 E. BE,LKNAP STREET, HALTOM CITY, AFFECTING
LITTLE FOSSIL CREEK
On Friday, May 3, 2024, Water Field Operations crews discovered a segment of a 33-inch Sanitary Sewer
Main near 5301 E Belknap Street, Haltom City to be severely exposed as result of creek bank erosion from
recent rains. No sewer discharge was encountered at this time. Bypass pumping was immediately mobilized
to implement pumping around the exposed section in the event additional rainfall caused the pipe to
collapse. Overnight storms delayed the completion of this work. However on May 5, 2024 the exposed pipe
was found to be leaking along with three other close by segments of the sewer main.
This memo is submitted to inform the City Manager's Office and the City Council that, pursuant to the
emergency authority found in Chapter 2, Article I, Section 2-9 of the City's Code of Ordinances, the Water
Department will initiate emergency procurement of the following contractor and consultant for the services
and costs as indicated below to perform emergency replacement to reroute the sanitary sewer main from
the creek bed as shown on the attachment. Water Field Operations Crews are not able to conduct
replacement work of this magnitude.
William J. Schultz, Inc. dba Circle C Construction Company (Emergency water main replacement:
$1,500,000.00)
Freese and Nichols, Inc. (Engineering Design $61,580.00)
The contracts and work will be billed on a task order basis. The total of the contracts is estimated to be
$1,561,580.00.
The Water Department will coordinate with Haltom City since this City of Fort Worth sanitary sewer main
is located within Haltom City limits.
Waiting to bid and award a contract to perform this work is not the best interest of the health and safety of
the City of Fort Worth. In addition to the citations, above, Section 252.022 of the Local Government Code
exempts from normal bidding requirements expenditures that are necessary to preserve or protect public
health or safety of the municipality's residents and procurements necessary because of unforeseen damage
to public machinery, equipment, or property.
M&C(s) will be circulated to ratify the above contracts after the work has been performed.
APPROVED FOR EMERGENCY PROCUREMENT:
Recommended:
Approved as to form and Legality:
Approve:
Approve:
1,12
Christopher H der(Jun 11, 202418:17 CDT)
Clods Harder, P.E., Director, Water Department
Douglas Black (Jun 12, 202410:25 CDT)
Douglas W. Black, Sr. Assistant City Attorney
Jo Guns (Jun7:58 CDT)
Jo Ann Gunn, Chief Procurement Officer, Purchasing
5�_
Fernando Costa, Assistant City Manager
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