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HomeMy WebLinkAboutContract 61744City of Fort Worth, Texas Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 1 of 15 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 HDR Engineering, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Water and Sanitary Sewer Replacement Contract 2023, WSM-E – Project No. 104917. 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 $451,266.00 asset 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 2 of 15 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 3 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 4 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 5 of 15 I. 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 6 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 respondeat 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 7 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 forall 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 8 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 9 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 10 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 11 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. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all City of Fort Worth, Texas Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 12 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 (I-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all I-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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 13 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 Water & Sanitary Sewer Repl. Contract 2023, WSM-E Standard Agreement for Engineering Related Design Services CPN 104917 Revised Date: 12-08-2023 Page 14 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 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: Jul 23, 2024 ATTEST: rl� Jannette Goodall City Secretary APPROVAL RECOMMENDED: ChrisfooherHarder By:Cbristapbec Hacdtc ( /11123 202114·08 CDI)Christopher Harder, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: Douglas Black (Jul 23, 202417:53 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER HOR Engineering, Inc. � r Area Manager/ Vice President Date: 07/17/2024 -------------- Form 1295 No.: 2023-1095202 M&C No.: 24-0301 M&C Date: 04/09/2024 By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting iirements. ,f I �/ti�. arence Han'iilton, P.E. Project Manager City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Dale: 12-08-2023 Page 15 of 15 Water & Sanitary Sewer Rep/. Contract 2023, WSM-E CPN 104917 ATTACHMENT A DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENTS CONTRACT 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 1 of 17 ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR WATER AND SANITARY SEWER REPLACEMENTS CONTRACT 2023, WSM-E CITY PROJECT NO.: 104917 The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. WORK TO BE PERFORMED Task 1. Design Management Task 2. Conceptual Design Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services Task 6. ROW/Easement Services Task 8. Survey Services Task 9. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER will ensure efficient and effective use of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY’s Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team Lead, manage and direct design team activities 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 ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 2 of 17 Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements Conduct review meetings with the CITY at the end of each design phase (30%, 60%, 90%) Prepare invoices and submit monthly in the format requested by the CITY. Prepare and submit monthly progress reports (assume 15 months) in the format provided by the Water Department. Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly (assume 15 months design), 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 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. Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants will carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS 15 MWBE reports will be prepared 4 meetings with city staff 15 monthly water department progress reports will be prepared 15 monthly project schedule updates will be prepared DELIVERABLES A. Meeting summaries (assume 4 meetings) with action items B. Monthly invoices (assume 15 months) C. Monthly progress reports (assume 15 months) D. Baseline design schedule ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 3 of 17 E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes (assume 15 months) F. Monthly M/WBE Report Form (assume 15 months design) and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 9) TASK 2. CONCEPTUAL DESIGN (30 PERCENT). The Conceptual Design will be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to Study the project, Identify and develop alternatives that enhance the system, Present (through the defined deliverables) these alternatives to the CITY Recommend the alternatives that successfully addresses the design problem, and Obtain the CITY’s endorsement of this concept. ENGINEER will develop the conceptual design of the infrastructure as follows. 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research proposed improvements in conjunction with any other planned future improvements that may influence the project. The ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including but not limited to; utilities, agencies (TxDOT and railroads), City Master Plans, and property ownership as available from the Tax Assessor's office. The data collection efforts will also include conducting special coordination meetings with affected property owners and businesses as necessary to develop sewer re-routing plans. The ENGINEER shall visit the project site and obtain the meter numbers and sizes on all existing meters to be replaced on the project and shall identify existing sample stations and fire line locations. 2.2. Geotechnical Investigations ENGINEER shall advise the CITY of test borings and other subsurface investigations that may be needed for the project. If the CITY determines that such borings or investigations are needed, then the ENGINEER shall work with the CITY and CITY’s geotechnical consultant to draw up specifications for such testing program. The cost of such testing will be paid for by the CITY. 2.3. Fire Line Reconnection The design will include fire line reconnections and fire hydrant replacements. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 4 of 17 2.4. The Conceptual Design Package will include the following: Cover Sheet Graphic exhibits and written summary of alternative design concepts considered, strengths and weaknesses of each, and the rationale for selecting the recommended design concept. Proposed phasing of any water and sanitary sewer work that is included in this project documented in both the project schedule and narrative form. Documentation of key design decisions. Estimates of probable construction cost. ASSUMPTIONS 0 Geotechnical borings are expected for this project. 1 copies of the conceptual design package (30% design) will be delivered. Drawings will be 11x17 size documents. PDF files created from design CAD drawings will be uploaded to the designated project folder in EBuilder. ENGINEER will prepare the meeting minutes of the Concept Review meeting. ENGINEER will not proceed with Preliminary Design activities without obtaining written approval by the CITY of the Conceptual Design Package. DELIVERABLES A. Conceptual Design Package TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans and specifications will 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 will include the following: Cover Sheet Project Control Sheets, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information will 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 ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 5 of 17 East end of radius at the Southeast corner of North Side Drive and North Main Street). Overall project water and/or sanitary sewer layout sheets. The water layout sheet will identify the proposed water main improvement/ existing water mains in the vicinity and all water appurtenances along with pressure plane boundaries, water tanks, pump stations, valves, and fire hydrants. The sewer layout sheet will identify the proposed sewer main improvement/existing sewer mains and all sewer appurtenances in the vicinity. 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. Bench marks per 1,000 ft of plan/profile sheet – two or more. Bearings given on all proposed centerlines, or baselines. Water plan sheets which show the following: proposed water line replacements, fire hydrants, water service lines and meter boxes, gate valves, isolation valves, 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 will be provided on the plan view. Sanitary sewer plan and profile sheets which show the following: sanitary sewer pipe size, manholes, 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 will be provided on the plan view. The ENGINEER shall make provisions for reconnecting all identifiable water and/or wastewater service lines which connect directly to any main being replaced, including replacement of existing service lines within City right-of-way or utility easement. When the existing alignment of a water and sanitary sewer main or lateral is changed, provisions will be made in the final plans and/or specifications by the ENGINEER to relocate all service lines which are connected to the existing main and connect said service lines to the relocated main. The following shall be applicable at all locations where it is necessary to relocate or reroute the existing private sanitary sewer service line due to the abandonment or realignment of the existing public sanitary sewer lateral or main: The CITY shall furnish the ENGINEER with a sample format of how the sewer service line reroute/relocation should be designed and submitted for construction. During design survey, if a rod can be inserted through the cleanout to the bottom of the service line, the ENGINEER will obtain the flow line elevation and design the service line prior to advertising the project for bid. If the service flow line information cannot be obtained during design survey, the ENGINEER shall delay the design of the sewer service line until after a Quality Level A Subsurface Utility Engineering (SUE investigation has been performed). The Level A SUE will be performed; (1) by the ENGINEER if included in the fee proposal; or (2) by the CITY prior to bidding if the CITY determines that it is needed for satisfactory completion of the design; or (3) by the Contractor after the project has been bid, by means of a ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 6 of 17 bid item to that effect. In all options, the ENGINEER shall propose appropriate de- hole locations in the project and collect flow line elevation and other applicable information of the sewer service line. The ENGINEER shall use this information to provide the design for the sanitary sewer service line to be rerouted or relocated. Provide map showing location of new manhole construction at the end of existing sewer segments, 90 degree bends, or tee connections. Site survey or specific design plans for manhole construction is not included as part of the scope. The contract documents shall specify that it is the Contractor’s responsibility to coordinate utility location, etc. manhole construction. The ENGINEER will prepare standard and special detail sheets for water line installation and sewer rehabilitation or replacement that are not already included in the D-section of the CITY’s specifications. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation Not anticipated for this project. 3.3. Constructability Review Not anticipated for this project. 3.4. Utility Clearance Subsurface Utility Engineering (SUE) investigation is not anticipated for this project. The CITY will consult with the CITY’s Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private 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. The ENGINEER will design CITY facilities to avoid or minimize conflicts with known existing utilities, and where known and possible, consider potential future utilities in designs. The ENGINEER will upload individual PDF 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. 3.5. Traffic Control Plan Traffic control plans will not be developed for this project. City standard details will be included in the overall drawing set and traffic control will be included as a bid item. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 7 of 17 ASSUMPTIONS 1 sets of 11x17 size plans will be delivered for the Preliminary Design (60% design). 1 sets of specifications will be delivered for the Preliminary Design (60% design). PDF files created from design CAD drawings will be uploaded to the designated project folder in EBuilder. The CITY’s front end and technical specifications will be used. The ENGINEER will supplement the technical specifications if needed. 1 set of 11x17 size drawings will be delivered electronically for Utility Clearance. ENGINEER will not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings and specifications B. Utility Clearance drawings C. Traffic Control Plan D. Estimates of probable construction cost E. Data Base listing names and addresses of residents and businesses affected by the project. TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: Draft Final plans (90%) and specifications will be submitted to CITY per the approved Project Schedule. Following a 90% construction plan review meeting with the CITY, the ENGINEER will submit Construction Documents (100%) to the CITY per the approved Project Schedule. Each plan sheet will be stamped, dated, and signed by the ENGINEER registered in State of Texas. The ENGINEER will submit a final design estimate of probable construction cost with both the 90% and 100% design packages. This estimate will use ONLY standard CITY bid items. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 8 of 17 ASSUMPTIONS 1 sets of 11x17size drawings and 1 sets of specifications will be delivered for the 90% Design package. A PDF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in EBuilder. 1 sets of 11X17 size drawings and 1 sets of specifications will be delivered for the 100% Design package. A PDF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in EBuilder. Estimated sheet list: General o Cover o General Notes (assume 2 sheets) o Legend and Sheet Index o Control Point Layout (assume 3 sheets) o Overall Layout for Sewer Lines (assume 2 sheets) Unit I: Water Improvements o Overall Layout for Water Lines (assume 2 sheets) o Proposed Water Line Pipeline Plan for 5,230 LF (assume 7 sheets – Scale 1:40 full size per City of Fort Worth Standard) o City Standard Details for Water Lines (assume 4 sheets) Unit II: Sewer Improvements o Overall Layout for Sewer Lines (assume 2 sheets) o Proposed Sewer Line Pipelines Plan and Profile for 5,800 LF (assume 11 sheets - Scale 1:40 full size per City of Fort Worth Standard) o City Standard Details for Sewer Lines (assume 4 sheets) DELIVERABLES A. 90% construction plans and specifications. B. 100% construction plans and specifications. C. Detailed estimates of probable construction costs including summaries of bid items and quantities using the CITY’s standard bid items and format. D. Original cover mylar for the signatures of authorized CITY officials. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 9 of 17 TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support The ENGINEER will upload all plans and contract documents onto EBUILDER for access to potential bidders. Contract documents will be uploaded in a .xls 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 .pdf file format. The .pdf will consist of one file of the entire plan set. The ENGINEER will upload contract documents and maintain a plan holders list on EBuilder from documents sold and 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 will include a log of all significant bidder questions and requests and the response thereto. The log will 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 bidder questions and requests, in the form of addenda. The ENGINEER will upload all approved addenda onto EBuilder and mail addenda to all plan holders. Attend the pre-bid conference in support of the CITY. 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. Attend the bid opening in support of the CITY. Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project’s Bid Results folder on EBuilder. Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 10 of 17 1) Final Design Drawings will be submitted in Adobe Acrobat PDF format (version 6.0 or higher). There will be one (1) PDF file for the TPW plan set and a separate PDF for the Water plan set. Each PDF file will be created from the original CAD drawing files and will contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files will conform to naming conventions as follows: I. TPW file name example – “W-1956_org47.pdf” where “W-1956” is the assigned file number obtained from the CITY, “_org”designating the file is of an original plan set, “47” will be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example – “X-35667_org36.pdf” where “X- 35667” is the assigned file number obtained from the CITY, “_org” designating the file is of an original plan set, “36” will be the total number of sheets in this file. Example: X-12755_org18.pdf PDF files will be uploaded to the project’s Final Drawing folder in EBUILDER. 2) In addition to the PDF files, the ENGINEER will 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 will be converted to DWG prior to uploading. The naming convention to be used for the DWG files will be as follows: I. TPW files will use the W number as for PDF files, but will include the sheet number in the name – “W-1956_SHT01.dwg”, “W-1956_SHT02.dwg”, etc. II. Water and Sewer file names will use the X number as for PDF files, but will 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. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 11 of 17 ASSUMPTIONS The project will be bid only once and awarded to one contractor. 1 set of electronic construction documents will be made available on EBUILDER for plan holders and/or given to plan viewing rooms. 1 sets of 11x17 size drawings plans and 1 sets of specifications (conformed, if applicable) will be delivered to the CITY. PDF and DWG files will be uploaded to EBUILDER. DELIVERABLES A. Addenda B. Bid tabulations C. CFW Data Spreadsheet D. Recommendation of award E. 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 will attend the preconstruction conference. After the pre-construction conference, the ENGINEER will provide project exhibits and attend public meeting to help explain the proposed project to residents. The CITY will select a suitable location and mail the invitation letters to the affected customers. The ENGINEER will assist the CITY as needed for up to 3 shop submittal reviews. The ENGINEER will visit the project site at requested intervals (assume 12 months construction and up to 4 site visits including substantial completion) as construction proceeds to observe and report on progress. As requested by the CITY, the ENGINEER will provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work (assume 2 RFIs and 2 change orders). The ENGINEER will attend the “Final” project walk through and assist with preparation of final punch list. 6.2 Record Drawings The ENGINEER will prepare Record Drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information will be provided by the CITY: ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 12 of 17 o As-Built Survey o Red-Line Markups from Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions The ENGINEER will modify the Final Drawings electronically and will place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp will be signed and dated by the ENGINEER and will be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet will clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. The following disclaimer will 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 will 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 will be returned to the CITY with the mylars. 2) Record Drawings will also be submitted in Adobe Acrobat PDF format (version 6.0 or higher). There will be one (1) PDF file for the TPW plan set and a separate PDF file for the Water plan set. Each PDF file will contain all associated sheets of the particular plan set. Singular PDF files for each sheet of a plan set will not be accepted. PDF files will conform to naming conventions as follows: I. 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” will be the total number of sheets in this file. Example: W-0053_rec3.pdf and K-0320_org5.pdf II. 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” will be the total number of sheets in this file. Example: X-12755_rec18.pdf ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 13 of 17 Both PDF and DWF files will be uploaded to the project’s Record Drawings folder in EBuilder. ASSUMPTIONS 2 shop drawing submittals are assumed. 2 RFIs are assumed. 2 Change Orders are assumed. One copy of full size (22”x34”) mylars will be delivered to the CITY. DELIVERABLES A. Public meeting exhibits B. Response to Contractor’s Request for Information C. Review of Change Orders D. Review of shop drawings E. Final Punch List items F. Record Drawings submittal at EBuilder on Mylar 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 The ENGINEER shall determine rights-of-way, easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 7.2. Right-of-Way/Easement Preparation and Submittal. The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. The ENGINEER shall submit the right-of-way and/or easement documents to CITY PM for real property acquisition The documentation shall be provided in conformance with the checklists and templates available on the CITY’s EBuilder site. 7.3. Temporary Right of Entry Preparation and Submittal Prior to construction, the ENGINEER shall prepare and submit Temporary Right of Entry documents for landowners to CITY PM for real property acquisition. It is assumed that letters ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 14 of 17 will only be required for land owners adjacent to temporary construction easements or who are directly affected by the project and no easement is required to enter their property. The documentation shall be provided in conformance with the checklists and templates available on the CITY’s EBuilder site. ASSUMPTIONS _57_ Easements or right-of-way documents will be necessary. _57_ Temporary right-of-entry documents will be necessary. Right-of-Way research and mapping includes review of property/right-of-way records based on current internet based Tarrant Appraisal District (TAD) information available at the start of the project and available on-ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES A. Easement exhibits and meets and bounds provided on CITY forms. B. Temporary Right of Entry Letters TASK 8. SURVEY SERVICES. 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. Information gathered during the survey will include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. The minimum survey information to be provided on the plans will include the following: A Project Control Sheet, showing ALL Control Points, used or set while gathering data. Generally on a scale of not less than 1:400: The following information about each Control Point; a. Identified (Existing. CITY Monument #8901, PK Nail, 5/8” Iron Rod) b. X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 15 of 17 base. Z coordinate on CITY Datum only. c. Descriptive Location (Ex. Set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). Coordinates on all P.C.’s, P.T.’s, P.I.’s, Manholes, Valves, etc., in the same coordinate system, as the Control. No less than two horizontal bench marks, per line or location. Bearings given on all proposed centerlines, or baselines. Station equations relating utilities to paving, when appropriate. 8.2. Temporary Right of Entry Preparation and Submittal Prior to entering property, the ENGINEER shall prepare and submit Temporary Right of Entry for landowners to CITY PM. The documentation shall be provided in conformance with the checklists and templates available on the CITY’s EBuilder site. ASSUMPTIONS Topographic survey at intersection will include no more than 100 ft. in each direction. DELIVERABLES A. Copies of field survey data and notes signed and sealed by a licensed surveyor. B. Drawing of the project layout with dimensions and coordinate list. TASK 9. PLAN SUBMITTAL CHECKLISTS The CITY will complete and submit Plan Submittal Checklists in accordance with the following table: PLAN SUBMITTAL CHECKLIST REQUIREMENTS Attachment “A” Type Traffic Signal (Submit All @ 30%) Storm Water 30% Storm Water 60% Street Lights (Submit All @ 30% Water /Sewer (Submit All @ 60%) Traffic Engineering (Submit All @ 60%) Traffic Control 30% Traffic Control 60% Traffic Control 90% Required for all work in City ROW Street X X X X X* X X X X ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 16 of 17 Storm Water X X X X X Water / Sewer X X X X *If included in street project ASSUMPTIONS No traffic control plans will be developed for this project. City standard details will be included in the overall drawing set and traffic control will be included as a bid item. DELIVERABLES A. Electronic submittals of drawings for checklist coordination 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 will be agreed upon in writing by both parties before the services are performed. These additional services include the following: Negotiation of easements or property acquisition including temporary rights-of-entry. 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. Additional site visits during construction phase beyond the monthly visits assumed in the scope of services. 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. ATTACHMENT A DESIGN SERVICES FOR 2023 WSM-E CITY PROJECT NO.: 104917 City of Fort Worth, Texas Attachment A PMO Release Date: 07.23.2012 Page 17 of 17 Services related to submitting for permits (ie.TxDOT, railroad, etc…). Services related to Subsurface Utility Engineering Levels A, B, C or D. Services related to Survey Construction Staking. Redesign related to unknown utilities and utility conflicts. Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary rights-of-entry. Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. Construction Shop drawing review, samples and other submittals submitted by the contractor. Performance of miscellaneous and supplemental services related to the project as requested by the CITY. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 B-1 Design Services for Water and Sanitary Sewer Replacements Contract 2023, WSM-E City Project No. 104917 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $451,266.00 as summarized in Exhibit B-1 Engineer Invoice and Section IV Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Wo 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. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 B-2 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant HDR, Inc. Engineering Design $302,241 67% Proposed MWBE Sub-Consultants Yellow Rose Mapping, LLC Topographic Design Survey $149,025 33% Non-MWBE Consultants TOTAL $451,266 100% Project Number & Name Total Fee MWBE Fee MWBE % Water and Sanitary Sewer Replacements Contract 2023, WSM-E City Project No. 104917 $451,266 $149,025 33% City MWBE Goal = 10% Consultant Committed Goal = 33% -1 ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 B-3 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. Professional Services InvoiceProject Manager:SummaryProject:City Project #:104917City Sec Number:57419Supplier Instructions:Fill in green cells including Invoice Number, From and To Dates and the included worksheets.Company Name:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to theConsultant folder within Project's folder.Supplier's PM:Maria Contreras, PEemail:Supplier Invoice #:Office Address:Payment Request #:Telephone:Service Date:FromFax:Service Date:ToInvoice Date:Remit Address:SheetAgreement AmountAmendment AmountPercent Spent($) Invoiced PreviouslyCurrent InvoiceRemaining BalanceWork Type 1$213,803.00 $213,803.00 $213,803.00Work Type 2$237,463.00 $237,463.00 $237,463.00Work Type 3Work Type 4Work Type 5Work Type 6Totals This Invoice$451,266.00$451,266.00$451,266.00Overall Percentage Spent: FID and Work Type DescriptionWater Design Sanitary Sewer Design Water and Sanitary Sewer Replacement, Contract 2023, WSM-ELawrence Hamilton, PEHDR Engineering, Inc.Agreement Amount to Datemaria.contreras@hdrinc.com600 West 6th Street, Suite 200 Fort Worth, TX 76102817-390-9857682-900-8009P.O. Box 74008202 Chicago, IL 60674-8202 LTD Completed Amount Professional Services InvoiceProject Manager:FALSEProject:Water and Sanitary Sewer Replacement, Contrac FALSE16 - Hydraulic Assesment(s)City Project #:10491730 - DesignWork Type Desc:Supplier Instructions:31 - Conceptual DesignFID:32 - Preliminary DesignCity Sec Number:57419Fill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingCompany Name:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveySupplier's PM:Maria Contreras, PEemail:52 - Construction StakingSupplier Invoice #:Office Address:80 - ConstructionPayment Request #:Telephone:81 - Construction ReimbursementsService Date:FromFax:84 - Material/Soil TestingService Date:To85 - Construction ServicesInvoice Date:Remit 93 - MappingTo Add more use insertPay ItemsAgreement AmountAmendment NumberAmendment AmountPercent Spent($) Invoiced PreviouslyCurrent InvoiceRemaining Balance$213,803.00 $213,803.00 $213,803.00Totals This Unit:$213,803.00$213,803.00$213,803.00Overall Percentage Spent:Lawrence Hamilton, PEAgreement Amount to Datemaria.contreras@hdrinc.com600 West 6th Street, Suite 200 Fort Worth, TX 76102HDR Engineering, Inc.DescriptionWater LTD Completed Amount817-390-9857682-900-800930 - DesignP.O. Box 74008202 Chicago, IL 60674-8202 Professional Services InvoiceProject Manager:FALSEProject:Water and Sanitary Sewer Replacement, Contra FALSE16 - Hydraulic Assesment(s)16 - Hydraulic Assesment(s)City Project #:10491730 - DesignWork Type Desc:Supplier Instructions:31 - Conceptual DesignFID:32 - Preliminary DesignCity Sec Number:57419Fill in green cells including Percent Complete and Invoiced Previously Quanities32 - Geotech ReportPurchase Order:When your Invoice is complete, save and close, start Buzzsaw and Add your invoice to the33 - Final DesignConsultant folder within Project's folder.33 - PrintingCompany Name:33 - Other Reimbursibles42 - Negotiations/Easements/Legal Fees51 - Preliminary SurveySupplier's PM:Maria Contreras, PEemail:52 - Construction StakingSupplier Invoice #:Office Address:80 - ConstructionPayment Request #:Telephone:81 - Construction ReimbursementsService Date:FromFax:84 - Material/Soil TestingService Date:To85 - Construction ServicesInvoice Date:Remit 93 - MappingTo Add more use insertPay ItemsAgreement AmountAmendment NumberAmendment AmountPercent Spent($) Invoiced PreviouslyCurrent InvoiceRemaining Balance$237,463.00 $237,463.00 $237,463.00Totals This Unit:$237,463.00$237,463.00$237,463.00Overall Percentage Spent:Lawrence Hamilton, PEAgreement Amount to Date30 - Designmaria.contreras@hdrinc.com600 West 6th Street, Suite 200 Fort Worth, TX 76102817-390-9857682-900-8009P.O. Box 74008202 Chicago, IL 60674-8202 HDR Engineering, Inc.DescriptionSanitary Sewer LTD Completed Amount W � N � ri N O � N w U h L y Z u C y � j O N 0 d U �p041a�. m Y � C cw •� E v� K w d Y m � � � � y d W O E � `o � q `w J F � N W � �Y A 9 � W � �z � vE ,� � jU`oE F U p U 0 � 0 E ry w '� �°'o� ��— �m— LL E o �vq� U¢a O N �` C O V a�D N Y�"� V c�0 N ? O 3 � � V V I� N O � O � � E N U o Q u 'o < C q � R �i Q � a 0 � R r � N V M N V? ? LL � � W 0 00 p` � o o � � ' o N Oi � � �v M �v v C O _ _ _ _ _ _ � N _ _ _ _ V V - V I� _ - � 9 � �= a > o a �' ea �sr u3 ua da'� >� $2` � R R �� O O J � N O V ? 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ATTACHMENT "F" CERTIFICATE OF INSURANCE Water and Sewer Replacements Contract 2023, WSM-E City Project No. 104483 City of Fort Worth, Texas Attachment F City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 9, 2024 REFERENCE NO.: **M&C 24-0301 LOG NAME: 60WSSC23WSME-HDR SUBJECT: (CD 3) Authorize Execution of an Engineering Agreement with HDR Engineering, Inc., in the Amount of $451,266.00 for the Water and Sanitary Sewer Replacement Contract 2023, WSM-E 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 HDR Engineering, Inc., in the amount of $451,266.00, for Water and Sanitary Sewer Replacement Contract 2023, WSM-E 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 $672,117.00 from available PayGo residuals, for the purpose of funding the Water and Sanitary Sewer Replacement Contract 2023, WSM-E (City Project No. 104917) 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 execution of an engineering agreement with HDR Engineering, Inc., in the amount of $451,266.00 for the preparation of plans for the Water and Sanitary Sewer Replacement Contract, 2023 WSM-E project on the following streets and easements: Street From To Scope of Work Altura Road Warnock Court E. Hildring Drive Sewer E. Hildring Altura Road South 238 feet Sewer Drive Warnock Altura Road Galway Avenue Water/Sewer Court Galway South Drive Inverness �/ater Avenue Avenue Inverness Lanark Avenue and Avenue Inverness Avenue E. Hildring Drive Water/Sewer Intersection Easement � between Galway I 100 feet east of South I East 1,090 feet Sewer Avenue and Drive Lanark Avenue Lanark South Drive E. Hildring Drive Water Avenue Easement 195 feet east and 163 north of feet north of the Galway Galway East 65 feet Sewer Avenue Avenue/Warnock Court Intersection Easement between 120 feet south of Warnock Westdale Drive Galway Avenue Sewer Court and E. Hildring Drive Easement 100 feet east and 100 south of feet north of the South North 134 feet Sewer South Drive Drive/Galway Avenue intersection Easement 100 feet east and 100 Southeasterly north of north of the South 590 feet then Sewer Galway Drive/Galway Avenue easterly 200 Avenue Intersection feet In addition to the contract amount, $220,851.00 (Water: $90,788.00; Sewer: $130,063.00) is required for project management, easement acquisition, utility coordination, and material testing. This project will have no impact on the Water Department's operating budget when completed. The sewer component of the project is part of the Water Department's Sanitary Sewer OverFlow Initiative Program. It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows: 60WSSC23WSME-HDR Capital Budget Change Revised Project FY2024 CIP Fund Name � Appropriations Authority FY2024 Name (Increase/Decrease) Budget W&S 104917 Capital W�SS Projects Contract �0.00 This M&C $672,117.00 $672,117.00 - Fund 2023 56002 WSM-E Funding is currently available in the Unspecified-All Funds project within the Water & Sewer Capital Project Fund for the purpose of funding the W/SS REPL Contract 2023, WSM-E project. Appropriations for Water and Sanitary Sewer Replacement Contract, 2023 WSM-E project, are as depicted below: Fund Existing Additional Project Appropriations Appropriations Total* W&S Capital Projects - Fund $0.00 $672,117.00 $672,117.00 56002 � Project Total $0.00 $672,117.00� $672,117.00 *Numbers rounded for presentation purposes. BUSINESS EQUITY OFFICE: HDR Engineering, Inc. is in compliance with the City's Business Equity Ordinance by committing to 33 percent Business Equity participation on this project. The City's Business Equity goal on this project is 10 percent. The project is located in Council District 3. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are 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 W/SS Repl Contract 2023 WSM-E project to support execution of the contract. 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 Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) Fund Department Account Project Progra ID I ID CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Budget Year Reference # moun (Chartfield 2) Fernando Costa (6122) Chris Harder (5020) Lawrence Hamilton (2626) ATTACHMENTS 1. 60WSSC23WSME-HDR Comp Memo.pdf (CFW Internal) 2. 60WSSC23WSME-HDR FID Table (WCF 02.07.24).xlsx (CFW Internal) 3. 60WSSC23WSME-HDR Form 1295.pdf (CFW Internal) 4. 60WSSC23WSME-HDR MAP.pdf (Public) 5. 60WSSC23WSME-HDR.docx (CFW Internal) 6. Entitylnformation HDR.pdf (CFw Internal) 7. ORD.APP 60WSSC23WSME-HDR 56002 A024(r2).docx (Public) 8. PBS CPN 104917.pdf (CFW Internaq 60WSSC23WSME-HDR FID TableRec #FundDept #AccountProject IDActivityBudget YearCF 2Program Amount PurposeXfer256002060043049560011049172024$304,591.0025600206004301049172024$304,591.00256002070043049560011049172024$367,526.0025600207004301049172024$367,526.00Rec #FundDept #AccountProject IDActivityBudget YearCF 2Program Amount PurposeXfer25600206004304956001UNSPECUNSPEC9999$304,591.00256002 0600430 4956001 104917 001730 9999($304,591.00)25600206004304956001UNSPECUNSPEC9999$367,526.00256002070043049560011049170017309999($367,526.00)Rec #FundDept #AccountProject IDActivityBudget YearCF 2Program Amount PurposeXfer256002060043049560011049170017309999($304,591.00)256002060043051101011049170017309999$22,313.00Water Staff Cost256002060043055501021049170017309999$4,000.00Public Outreach156002060043053305001049170017309999$213,803.00Contract256002060043053103501049170017709999$2,000.00Utility Coordination256002060043053305001049170017849999$44,625.00Soil Lab Consultant256002060043053103501049170017849999$17,850.00Soil Lab TPW Staff256002070043049560011049170017309999($367,526.00)256002070043051101011049170017309999$27,563.00Water Staff Cost156002070043053305001049170017309999$237,463.00 Contract256002070043057100101049170017409999$80,000.00 Easement Acquisition256002070043051101011049170017409999$10,000.00Easement Acquisition256002070043053305001049170017409999$5,000.00Easement Acquisition256002070043057400101049170017809999$5,000.00Easement Acquisition256002070043053103501049170017709999$2,500.00Utility Coordination56002 2060000 104917 RETAINRetainage Combo CodeFIDs (Budget)FIDs (Actual)FIDs (REVENUE or EXPENSE - No KK or GL Entries Needed)