HomeMy WebLinkAbout066008 - Construction-Related - Contract - Freese and Nichols, Inc.CSC No. 66008
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL
SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality
("CITY"), and Freese and Nichols, Inc, authorized to do business in Texas, ("ENGINEER"),
for a PROJECT generally described as: Sanitary Sewer Main M -244A Replacement from
North Division — Project No. 106896.
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 $1,559,079.00 as set
forth in Attachment B. Payment shall be considered full compensation for all labor
(including all benefits, overhead and markups), materials, supplies, and equipment
necessary to complete the Services.
Engineer shall provide monthly invoices to City. The Engineer shall provide the City
sufficient documentation, including but not limited to meeting the requirements set forth in
Attachment D to this AGREEMENT, to reasonably substantiate the invoices.
Payments for services rendered shall be made in accordance with the Texas
Prompt Payment Act (Texas Government Code Ch. 2251).
Acceptance by Engineer of said payment shall release City from all claims or
liabilities under this Agreement for anything related to, performed, or furnished in
connection with the Services for which payment is made, including any act or omission of
City in connection with such Services.
OFFICIAL RECORD
Article III CITY SECRETARY
Term FT. WORTH, TX
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 Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
Page 1 of 14
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 Sanitary Sewer Main M -244A Replacement North of Division Street
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Revised Date: August 18, 2025
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(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 Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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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 Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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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. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers and
records of the ENGINEER involving transactions relating to this contract.
ENGINEER agrees that the CITY shall have access during normal working
hours to all necessary ENGINEER facilities and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The CITY shall give ENGINEER reasonable
advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in order
to conduct audits in compliance with the provisions of this article together with
subsection (3) hereof. CITY shall give subconsultant reasonable advance
notice of intended audits.
(3) ENGINEER and subconsultant agree to reproduce such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for the
cost of hard copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
Engineer shall not commence work under this Agreement until it has
obtained all insurance required under Attachment F and City has approved
such insurance.
L. Independent Consultant
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
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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.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
the changes in the permitting authorities' published design criteria and/or
practice standards criteria which are published after the date of this
Agreement which the ENGINEER could not have been reasonably aware of,
the ENGINEER shall notify the CITY of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of the
CITY's personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
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
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of such
materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is
a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at the construction site,
and provisions providing for contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering services
performed. Only the CITY will be the beneficiary of any
undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this Section H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
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.
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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J. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
Article VI
General Legal Provisions
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
CITY and ENGINEER shall exercise their best efforts to meet their
respective duties and obligations as set forth in this Agreement, but shall
not be held liable for any delay or omission in performance due to force
majeure or other causes beyond their reasonable control, including, but not
limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters,
epidemics/pandemics, wars, riots, material or labor restrictions by any
governmental authority and/or any other similar causes.
D. Termination
(1) This AGREEMENT may be terminated
a.) by the City for its convenience upon 30 days' written notice to
ENGINEER.
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
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b.) by either the CITY or the ENGINEER for cause if either party fails
substantially to perform through no fault of the other and the
nonperforming party does not commence correction of such
nonperformance within 5 days' written notice or thereafter fails to
diligently complete the correction.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Reasonable cost of reproduction or electronic storage of partial or
complete studies, plans, specifications or other forms of ENGINEER'S
work product;
b.) The reasonable time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all projected termination
expenses. The CITY'S approval shall be obtained in writing prior to
proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT's schedule,
commitment and cost of the ENGINEER's personnel and subcontractors, and
ENGINEER's compensation will be made.
F. Indemnification
The ENGINEER shall indemnify or hold harmless the CITY against
liability for any damage committed by the ENGINEER or ENGINEER's
agent, consultant under contract, or another entity over which the
ENGINEER exercises control to the extent that the damage is caused by
or resulting from an act of negligence, intentional tort, intellectual
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.
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
Page 10 of 14
H. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
I. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability will not affect any other provision, and this AGREEMENT
shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I.
shall survive termination of this AGREEMENT for any cause.
J. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in any
way affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or
may be enacted later by governing bodies having jurisdiction or authority for
such enactment. No plea of misunderstanding or ignorance thereof shall be
considered. ENGINEER agrees to defend, indemnify and hold harmless
CITY and all of its officers, agents and employees from and against all
claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
K. Contract Construction/No Waiver
The parties acknowledge that each Party and, if it so chooses, its counsel,
have reviewed and revised Agreement and that the normal rule of contract
construction, to the effect that any ambiguities are to be resolved against
the drafting party, must not be employed in the interpretation of Agreement
or any amendments or exhibits hereto.
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
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
Page 11 of 14
ENGINEER shall verify the identity and employment eligibility of its
employees who perform work under this Agreement, including completing
the Employment Eligibility Verification Form (1-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time -employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the
Texas Government Code. By signing this contract, ENGINEER certifies
that ENGINEER'S signature provides written verification to the City
that if Chapter 2271, Texas Government Code applies, ENGINEER: (1)
does not boycott Israel; and (2) will not boycott Israel during the term
of the contract.
N. Prohibition on Boycotting Energy Companies
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
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
Page 12 of 14
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
firearm trade association during the term of this Agreement.
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, which supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. This AGREEMENT may be
executed in one or more counterparts and each counterpart shall, for all purposes, be
deemed an original, but all such counterparts shall together constitute but one and the
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F — Insurance Requirements
City of Fort Worth, Texas Sanitary Sewer Main M -244A Replacement North of Division Street
Standard Agreement for Engineering Related Design Services 106896
Revised Date: August 18, 2025
Page 13 of 14
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
Jesica McEachern
Assistant City Manager
Date: 10/06/2026 444ota Ilna
per° 09.10
ATTE
CaaIl nEXo Sid
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By. _rrtnrh I HarrlA QAp 2 202T -m '2R ('nT)
Chris Harder, P.E.
Director, Water Department
APPROV ORM AND LEGALITY
By: Douglas Black (Sep 29, 2026 10:01:10 CDT)
Douglas W Black
Sr. Assistant City Attorney
Contract Compliance Manager:
BY:
ENGINEER
Freese and Nichols, Inc
(0Ldo
Vice President
Date: 09/01/2026
M&C No.: 26-0729
M&C Date: August 11, 2026
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.
%e 5'iJ for
Pa thi Sreekumaran Unnithan, P.E.
Project Manager
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: August 18, 2025
Page 14 of 14
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Sanitary Sewer Main M -244A Replacement North of Division Street
106896
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
ATTACHMENT A
Scope for Engineering Design Related Services for Water and/or Sanitary Sewer
Improvements
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
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.
Design of approximately 20,000 LF of 60 -inch sewer line replacement from the intersection
of Division Street and Dottie Lynn Parkway to the junction structure south of the Village
Creek Wastewater Treatment Plant, including approximately 1,200 LF of 60 -inch sewer line
crossing Division Street parallel to the existing 54 -inch sewer line.
WORK TO BE PERFORMED
Task 1. Design Management
Task 2. Conceptual Design (30%)
Task 3. Preliminary Design (60%)
Task 4. Final Design (90%) and Final Construction Documents (100%)
Task 5. Bid Phase Services
Task 6. Construction Phase Services
Task 7. ROW/Easement Services
Task 8. Survey
Task 9. Permitting
Task 10. Geomorphic Assessment
Task 11. Floodplain Development Permit
Task 12. Plan Submittal Checklists
Task 13. Additional Services as Directed by the City
TASK 1. DESIGN MANAGEMENT.
ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and
resources.
ENGINEER shall manage change,
■ communicate effectively,
■ coordinate internally and externally as needed, 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
City of Fort Worth, Texas
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
• 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
• 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 up to four review meetings with the CITY at the end of each design phase
(30% mapbook, 30% roll plot, 60%, and 90%).
• Prepare invoices and submit monthly in the format requested by the CITY.
• Prepare and submit monthly progress reports in the format provided by the Water
Department.
• Prepare and submit baseline Project Schedule initially, and Project Schedule updates
with a schedule narrative monthly, as required in Attachment D to this Standard
Agreement and according to the City of Fort Worth's Schedule Guidance Document.
All schedule commitments are contingent upon CITY review periods and the timely
receipt of third -party approvals, including Texas Department of Transportation
(TxDOT), TXU Energy, Tarrant Regional Water District (TRWD), U.S. Army Corps of
Engineers (USACE), and Texas Historical Commission (THC), etc.
• 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. Entities include: franchise utilities, Fort Worth PARD, Waterchase Golf Club,
Texas 9 Golf, TxDOT, TXU Energy, City of Arlington, Union Pacific Railroad (UPRR)
and Trinity River Authority (TRA). Fort Worth Water will coordinate directly with Fort
Worth TPW staff.
• With respect to coordination with permitting authorities, ENGINEER shall
communicate with permitting authorities such that their regulatory requirements are
appropriately reflected in the designs. ENGINEER shall work with regulatory
authorities to obtain approval of the designs, and make changes necessary to meet
their requirements, as part of the design scope.
• Personnel and Vehicle Identification: When conducting site visits to the project
location, the ENGINEER or any of its sub -consultants shall carry readily visible
information identifying the name of the company and the company representative.
ASSUMPTIONS
• 22 meetings with city staff
• 18 monthly water department progress reports will be prepared
• 18 monthly project schedule updates will be prepared
• One construction contract
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
F. Plan Submittal Checklists (See Task 12)
TASK 2. CONCEPTUAL DESIGN (30%).
The Conceptual Design shall be submitted to CITY per the approved Project Schedule.
The purpose of the conceptual design is for the ENGINEER to
• Study the project,
• Identify and develop alternatives that enhance the system,
• Present (through the defined deliverables) these alternatives to the CITY
• Recommend the alternatives that successfully address 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 ENGINEER will coordinate and obtain available data as requested from the
ongoing design project by TRA/LAN. The proposed alignment by TRA/LAN
parallels the existing TRA line and will include a 90 -foot easement owned by TRA
along the CITY's existing sewer line to be replaced.
2.2. Environmental Investigation
• ENGINEER will compile readily available existing information and prepare maps
of the proposed project area in preparation for a pedestrian survey. The types of
information that will be gathered will include, but are not limited to, U.S.
Geological Survey (USGS) 7.5 -minute topographic maps, U.S. Fish and Wildlife
Service (USFWS) National Wetlands Inventory (NWI) maps, Natural Resources
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
Conservation Service (NRCS) soils maps, as well as recent and historical aerial
photographs of the proposed project area.
Following approval of the selected alignment route, ENGINEER will conduct a
pedestrian survey of the proposed sewer line replacement alignment, existing
permanent easement, and proposed temporary and permanent easements, to
make observations of existing environmental conditions, identify types and
locations of potential waters of the U.S., and assess potential federally listed
threatened and endangered species habitats.
ENGINEER will prepare an Aquatic Resources Delineation Report, in
accordance with USACE guidance, to document the delineated water features
within the proposed project area, for USACE concurrence. The Aquatic
Resources Delineation Report will include the required data forms and maps.
ENGINEER will prepare for and attend a Pre -Application Meeting with the Fort
Worth District USACE Regulatory Division to discuss the sewer line replacement
project, proposed impacts to potential waters of the U.S., and permitting options.
Based on ENGINEER's current understanding of the proposed project, the
replacement of the existing sanitary sewer line could be authorized under
Nationwide Permit 58 (NWP 58; Utility Line Activities for Water and Other
Substances) and would require the preparation and submittal of a Pre -
construction Notification (PCN) to the Fort Worth District USACE.
The proposed project is expected to require Clean Water Act Section 404
authorization and Nationwide Permit General Condition 18 (Historic Properties)
requires that project activities that require Clean Water Act authorization comply
with Section 106 of the National Historic Preservation Act. ENGINEER will
employ the services of a professional archeological firm to submit an Antiquities
Permit application and conduct a survey of the proposed area of potential effects
(APE).
ENGINEER will prepare the draft NWP PCN in accordance with requirements of
NWP General Condition 32. The draft PCN will be prepared for the City's review
and comment and will include the Aquatic Resources Delineation Report, NWP
PCN form, design plans, and other required supporting documentation. The final
PCN will be prepared by incorporating the City's comments and will be submitted
to the Fort Worth District USACE.
ENGINEER will address up to two rounds of USACE comments/requests
for additional information or clarification for the PCN. Additional requests
by the USACE for site visits, preparation of a compensatory mitigation
plan, preparation of a TXRAM assessment, consultation with other
resource agencies, or excessive requests for additional information
resulting in expenditures beyond ENGINEER's project budget, will be
considered additional services.
2.3. The Conceptual Design Package shall include the following:
• Graphic exhibits via map book (aerial only at 1"100' scale) to evaluate an
alignment route parallel to the existing sewer lines.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
• Once the alignment is approved, a 30% alignment (roll plot — plan view only) will
be prepared. The initial alignment requested by CITY parallels the existing sewer
line that will be replaced. If after the 30% route study it is found that the new
sewer line is not feasible in the anticipated area, additional route studies will be
performed as an additional service.
• Evaluation of existing junction box at downstream connection to determine
rehabilitation or replacement.
• Hydraulic modeling evaluation to review proposed pipe size with Master Plan.
• Bypass pumping and construction sequencing evaluation to confirm areas
required to replace -in -place.
• Estimates of probable construction cost.
ASSUMPTIONS
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Trimble
• ENGINEER shall prepare the meeting minutes of the Concept Review meeting
and revise the report, if needed.
• ENGINEER shall not proceed with Preliminary Design activities without obtaining
written approval by the CITY of the Conceptual Design Package.
DELIVERABLES
A. Roll plot of proposed alignment(s)
B. Estimate of probable construction cost
C. Environmental report
D. Draft PCN
TASK 3. PRELIMINARY DESIGN (60%).
Preliminary plans and specifications shall be submitted to CITY per the approved Project
Schedule.
ENGINEER will develop the preliminary design of the infrastructure as follows.
3.1. Development of Preliminary Design Drawings and Specifications shall include the
following:
• Cover Sheet
• A Project Control Sheet, showing all Control Points, used or set while gathering
data. Generally on a scale of not less than 1:400. The following information shall
be indicated for each Control Point: Identified (existing City Monument #8901, PK
Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system,
and a referred bearing base. Z coordinate on City Datum only; descriptive location
(i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the
City of Fort Worth, Texas
Attachment A
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East end of radius at the Southeast corner of North Side Drive and North Main
Street).
• Overall project easement layout sheet(s) with property owner information.
• Overall project sanitary sewer layout sheets. The sewer layout sheet shall
identify the proposed sewer main improvement/existing sewer mains and all
sewer appurtenances in the vicinity.
• Overall sanitary sewer abandonment sheet.
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, manholes, valves, mainline fittings, etc.,
in the same coordinate system as the Control Points.
• Benchmarks per 1,000 ft of plan/profile sheet — two or more.
• Bearings given on all proposed centerlines, or baselines.
• Station equations relating utilities to paving, when appropriate.
• Plan and profile sheets (1:20) which show the following: proposed sanitary sewer
plan/profile and recommended pipe size, fire hydrants, water service lines and
meter boxes, gate valves, isolation valves, manholes, existing meter numbers
and sizes that are to be replaced, existing sample locations, existing fire line
locations, existing utilities and utility easements, and all pertinent information
needed to construct the project. Legal description (Lot Nos., Block Nos., and
Addition Names) along with property ownership shall be provided on the plan
view.
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 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
Soil investigations, including field and laboratory tests, borings, related Engineering
analysis, and recommendations for determining soil conditions will be made.
Task 3.2.1 — Field Exploration
• Drill nine (9) exploratory borings to 40 -foot depths along the proposed sanitary
sewer improvements, specifically at potential trenchless crossings. A truck -
mounted drilling rig will be utilized to drill the borings.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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Potential trenchless crossings include: UPRR/Division St, TxDOT, gas
crossings
• Conduct a site visit prior to exploration activities to determine accessibility to
boring locations and coordinate with the City and utility locators. Texas 811 will
be notified prior to the commencement of the field exploration activities to locate
existing underground utilities.
• Coordinate with the City to obtain access to the boring locations and to discuss
drilling requirements.
• Subcontract with a drilling contractor to drill the borings and collect samples of
the subgrade soils at the selected locations.
1. The borings will be advanced using hollow stem augers, and samples
will be collected using either split -spoon samplers or tube samplers.
Rock or rock -like materials will be tested in situ using the Texas Cone
Penetration (TCP) test and/or the SPT, as appropriate for the material
encountered.
2. Groundwater observations within the borings will be recorded at the
time of drilling and at the completion of drilling and sampling.
3. The borings will be backfilled with cement-bentonite grout upon
completion of drilling.
• The borings will be logged in the field by an ENGINEER or Geologist. Visual
classification of the subsurface stratigraphy shall be provided according to ASTM
D2488 and the Unified Soil Classification System (USCS) during drilling and
sampling
Task 3.2.2 — Laboratory Testing
• Testing shall be performed on samples obtained from the borings to
determine soil classification and pertinent Engineering properties of the
subsurface materials. FNI will select samples for laboratory testing, assign
tests, and review the test results. Testing will be performed by a geotechnical
testing subcontractor.
• Laboratory tests will be assigned based on the specific subsurface materials
encountered during exploration. Test type and quantity may vary, but are
expected to include:
• Classification tests (liquid and plastic limits and percent passing the no. 200
sieve or gradation)
1. Moisture content
2. Unconfined compressive strength (soil and rock)
3. Corrosion Testing
Water -Soluble Chloride
Water -Soluble Sulfates
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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DESIGN SERVICES FOR
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iii. pH of Soil
iv. Electrical Resistivity — As Received
v. Electrical Resistivity — Saturated
Task 3.2.3 — Engineering Analysis
• Prepare a technical memorandum of the geotechnical investigation to
include:
1. Appendix with the boring locations, boring logs, laboratory test results,
and a key to the symbols used.
2. Discussion of subsurface conditions and soil properties indicated by
the field and laboratory work, and the implications for design.
3. General discussion of expected construction related issues.
4. Earthwork related recommendations for use during development of
the plans and specifications.
3.3. Utility Clearance
• The ENGINEER will consult with the CITY's Transportation and Public Works
Department, Water Department, and other CITY departments, public utilities,
private utilities and government agencies to determine the approximate location
of above and underground utilities, and other facilities (current and future) that
have an impact or influence on the project. ENGINEER will design CITY facilities
to avoid or minimize conflicts with existing utilities, and where known and
possible consider potential future utilities in designs.
• The ENGINEER shall upload individual DWF files for each plan sheet of the
approved preliminary plan set to the designated project folder in Trimble for
forwarding to all utility companies which have facilities within the limits of the
project. The DWF files should be created directly from the CAD files as opposed
to PDF files.
ASSUMPTIONS
• 1 public meeting will be conducted or attended during the preliminary design
phase.
• 9 borings at an average bore depth of 40 feet each will be provided.
• 1 PDF copy of the plans and specs will be delivered for the Preliminary Design
(60% design).
• 1 PDF copy of the specifications will be delivered for the Preliminary Design
(60% design).
• DWF files created from design CAD drawings will be uploaded to the designated
project folder in Trimble.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
• The CITY's front end and technical specifications will be used. The ENGINEER
shall supplement the technical specifications if needed.
• ENGINEER shall not proceed with Final Design activities without written approval
by the CITY of the Preliminary Design plans.
DELIVERABLES
A. Public Meeting Exhibit
B. Preliminary Design drawings and specifications
C. Estimates of probable construction cost
D. Data Base listing names and addresses of residents and businesses affected by
the project.
TASK 4. FINAL DESIGN (90%) AND FINAL CONSTRUCTION DOCUMENTS (100%).
Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as
follows:
• The Contractor will be responsible for preparing and submitting the Storm Water
Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies.
• Draft Final plans (90%) and specifications shall be submitted to CITY per the approved
Project Schedule.
• Following a 90% construction plan review meeting with the CITY, the ENGINEER shall
submit Construction Documents (100%) to the CITY per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by a Professional Engineer (P.E.)
licensed in the State of Texas.
• The ENGINEER shall submit a final design estimate of probable construction cost with
both the 90% and 100% design packages. This estimate shall use ONLY standard CITY
bid items.
ASSUMPTIONS
• 1 PDF copy of drawings and specifications will be delivered for the 90% Design
package.
• A DWF file for the 90% Design will be created from design CAD drawings and
will be uploaded to the project folder in Trimble.
• 1 PDF copy of drawings and specifications will be delivered for the 100% Design
package.
• A DWF file for the 100% Design will be created from design CAD drawings and
will be uploaded to the project folder in Trimble.
DELIVERABLES
A. 90% construction plans and specifications.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
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.
TASK 5. BID PHASE SERVICES.
ENGINEER will support the bid phase of the project as follows.
5.1. Bid Support
• The ENGINEER shall upload all plans and contract documents onto Trimble for
access to potential bidders.
• Contract documents shall 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 Trimble in two formats, .pdf and .dwf files.
The .pdf will consist of one file of the entire plan set. The .dwf will consist of
individual files, one for each plan sheet, and will be numbered and named in
a manner similar to that of the plan set index.
The ENGINEER will develop and implement procedures for receiving and
answering bidders' questions and requests for additional information. The
procedures shall include a log of all significant bidders' questions and requests
and the response thereto. The log shall be housed and maintained in the
project's Trimble folder titled Request for Information. The ENGINEER will
provide technical interpretation of the contract bid documents and will prepare
proposed responses to all bidders questions and requests, in the form of
addenda. The ENGINEER shall upload all approved addenda onto Trimble and
mail addenda to all plan holders.
• Attend the prebid conference in support of the CITY.
• Assist the CITY in determining the qualifications and acceptability of prospective
contractors, subcontractors, and suppliers.
• When substitutions are proposed prior to award of contracts, the ENGINEER will
advise the CITY as to the acceptability of alternate materials and equipment
proposed by bidders.
• Tabulate and review all bids received for the construction project, assist the CITY
in evaluating bids, and recommend award of the contract. A copy of the Bid
Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only
are to be uploaded into the project's Bid Results folder on Trimble.
• Incorporate all addenda into the contract documents and issue conformed sets.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
5.2 Final Design Drawings
1) Final Design Drawings shall be submitted in both Adobe Acrobat PDF format
(version 6.0 or higher) format and DWF format. There shall be one (1) PDF file
and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for
the Water plan set. Each PDF and DWF file shall be created from the original
CAD drawing files and shall contain all associated sheets of the particular plan
set. Singular PDF and DWF files for each sheet of a plan set will not be
accepted. PDF and DWF files shall conform to naming conventions as follows:
I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the
assigned file number obtained from the CITY, "_org" designating the file is
of an original plan set, "47" shall be the total number of sheets in this file.
Example: W-0053_org3.pdf and K-0320_org5.pdf
II. Water and Sewer file name example — "X-35667_org36.pdf" where "X-
35667" is the assigned file number obtained from the CITY, "_org"
designating the file is of an original plan set, "36" shall be the total number of
sheets in this file.
Example: X-12755_org18.pdf
Both PDF and DWF files shall be uploaded to the project's Final Drawing folder in
Trimble.
2) In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet
as an individual DWG file with all reference files integrated into the sheet. If the plans
were prepared in DGN format, they shall be converted to DWG prior to uploading.
The naming convention to be used for the DWG files shall be as follows:
I. TPW files shall use the W number as for PDF and DWF files, but shall
include the sheet number in the name — "W-1956_SHT01.dwg", "W-
1956_SHT02.dwg", etc.
II. Water and Sewer file names shall use the X number as for PDF and
DWF files, but shall include the sheet number in the name — "X-
12155_SHT01.dwg", "X-12755_SHT02.dwg", etc.
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.
City of Fort Worth, Texas
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PMO Release Date: 08.1.2014
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ATTACHMENT A
DESIGN SERVICES FOR
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CITY PROJECT NO.: 106896
ASSUMPTIONS
• The project will be bid only once and awarded to one contractor. Multiple bid and
construction packages are considered an additional service.
• 10 sets of 11x17 size and 1 set of 22x34 size drawings plans and 10
specifications (conformed, if applicable) will be delivered to the CITY.
• PDF, DWF and DWG files will be uploaded to Trimble.
DELIVERABLES
D. Addenda
E. Bid tabulations
F. CFW Data Spreadsheet
G. Recommendation of award
H. Construction documents (conformed)
TASK 6. CONSTRUCTION PHASE SERVICES.
ENGINEER will support the construction phase of the project as follows.
6.1 Construction Support
• The ENGINEER shall attend the preconstruction conference.
• After the pre -construction conference, the ENGINEER shall provide project
exhibits and attend public meeting to help explain the proposed project to
residents. The CITY shall select a suitable location and mail the invitation letters
to the affected customers.
ASSUMPTIONS
• The contract will be amended for general construction services including
submittal review and record drawings.
DELIVERABLES
A. Public meeting exhibits
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.
City of Fort Worth, Texas
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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 easement needs for construction of the project.
• 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 Trimble 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.
• The documentation shall be provided in conformance with the checklists and
templates available on the CITY's Trimble site.
ASSUMPTIONS
• Up to 25 temporary construction easement documents will be necessary.
25 Temporary right -of -entry documents will be necessary. Any additional
easements required will be included as an additional service.
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 metes and bounds provided on CITY forms.
B. Temporary Right -of -Entry Letters
TASK 8. SURVEY AND SUBSURFACE UTILITY ENGINEERING SERVICES (Level A).
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 shall include topographic
data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations,
location of buried utilities, structures, trees (measure caliper, identify overall
City of Fort Worth, Texas
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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 establishment of the ROW & boundaries of the tracts along the alignment,
based on recorded deed information.
• Identification of a boundary conflicts with adjoining tracts.
• Identification of any significant difference between the established boundary and
deed or plat information.
• The location of easements and setback lines of which we have knowledge. Or as
shown on provided title commitments.
• Information regarding the ownership of adjacent tracts.
• Location of found monumentation and/or property corners.
• The minimum survey information to be provided on the plans shall include the
following:
• A Project Control Sheet, showing ALL Control Points, used or set while
gathering data. Generally on a scale of not less than 1:400:
• The following information about each Control Point;
a) Identified (Existing. CITY Monument #8901, PK Nail, 5/8" Iron Rod)
b) X, Y and Z Coordinates, in an identified coordinate system, and a
referred bearing base. Z coordinate on CITY Datum only.
c) Descriptive Location (Ex. Set in the centerline of the inlet in the South
curb line of North Side Drive at the East end of radius at the Southeast
corner of North Side Drive and North Main Street).
• Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the
same coordinate system, as the Control.
• 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.
• Tree Survey
• This survey will include tree location, trunk diameter of trees for all
identified protected trees as required by City Ordinances. Trees
will be located using GPS surveying methodology having a
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 14 of 19
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
horizontal accuracy of +/- 60 (sixty) cm. This items includes the
tagging of trees and review by a certified Arborist.
• Bathymetric Survey
Provide a bathymetric survey of the Trinity River at the crossing
specified on the project maps.
ASSUMPTIONS
• Topographic survey will include a 100 -foot width along the proposed alignment.
TASK 9. PERMITTING
ENGINEER will prepare appropriate permits or agreements for crossing entities such as
TxDOT, gas (Williams, DFW Midstream, and Hess, Jerry Operation Co.), UPRR and TXU
Energy.
• TxDOT permit (ENGINEER to draft, FW Water will submit)
• Williams Gas Encroachment/LONO (ENGINEER to submit)
• DFW Midstream permit (ENGINEER to submit)
• Hess, Jerry Operation Co. (ENGINEER to submit)
• Railroad permit (ENGINEER to submit)
• TXU Energy permit (ENGINEER to submit)
TASK 10. GEOMORPHIC ASSESSMENT
ENGINEER shall prepare a geomorphic assessment of approximately 2,000 LF of Village
Creek based on the existing conditions of the streambank.
10.1. Site Visit
This task includes a high-level geomorphic assessment which will provide the information
necessary for protection of the proposed crossing. The geomorphic assessment will include
the following:
• Geomorphic cross sections (up to three) as deemed necessary to understand the
site in greater detail. Cross sections shall be surveyed at a sufficient width to
allow for calculations of entrenchment ratio.
• A longitudinal profile — measurements of the reach longitudinal profile along the
thalweg will be collected. The longitudinal profile survey will include at a minimum
the following points:
Reach thalweg
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 15 of 19
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
Bankfull discharge indicators (bankfull width and depth, if present;
Indicators in impaired channel reaches may be absent)
Ill. Knickpoints/headcuts, areas of bank mass wasting, and instabilities
• Photo documentation — ENGINEER will provide a continuous visual
documentation of the project reach. Photos will be taken as needed and at the
beginning and ending of the reach.
10.2. Data Collection
ENGINEER will perform a desktop analysis utilizing data collected in Task 10.1. This data
analysis contains the following:
• Documentation of existing geomorphic characteristics of Village Creek within the
study area.
• Analysis of potential future geomorphic changes within the study area. This will
be supported by the availability of data from the desktop analysis and data
collected during the field investigation. Future conditions may be analyzed using
the following methodologies:
• Delineation of an erosion hazard zone (area where potential erosion
could occur) using a combination of LiDAR and field data.
10.3. Design Support
• Provide design support for Task 2 based on geomorphic parameters of Village
Creek to protect the proposed crossing from future erosion. Design support to
include pit locations, pipe depth, and bank protection limits.
TASK 11. FLOODPLAIN DEVELOPMENT PERMIT
ENGINEER will prepare and submit Floodplain Development Permit applications, along with
supporting documentation as required, to the City of Arlington and the City of Fort Worth
floodplain departments. The pipeline design will be developed to restore pre -construction
contours to the extent practicable; potential floodplain impacts will be evaluated and
addressed through the permitting process.
11.1 Prepare Floodplain Permit Applications
• Prepare Floodplain Development Permit applications and supporting
documentation for the City of Arlington and the City of Fort Worth.
• Submit draft and final Floodplain Development Permit applications to the
respective floodplain departments.
ASSUMPTIONS
• No changes to the existing geometry of Village Creek or its tributaries are
anticipated as part of the pipeline design.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 16 of 19
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
• One (1) round of review by City of Arlington and City of Fort Worth floodplain staff
is anticipated.
• Draft Floodplain Development Permit applications will be provided during the
Final Design (90%) submittal.
• Signed and sealed final Floodplain Development Permit applications will be
provided during the Final Design (100%) submittal.
• Any meetings with City floodplain staff are anticipated to be virtual.
• No CLOMR or LOMR analysis, preparation, or submission is included in this
scope.
• Hydraulic modeling of the creek is not included in this scope.
DELIVERABLES
A. Draft Floodplain Development Permit applications in digital format for review and
coordination.
B. Final signed and sealed Floodplain Development Permit applications in digital
format for submittal to the City of Arlington and the City of Fort Worth.
TASK 12. PLAN SUBMITTAL CHECKLISTS
Engineer shall complete and submit Plan Submittal Checklists in accordance with the
following table:
PLAN SUBMITTAL CHECKLIST REQUIREMENTS
Traffic
Traffic
Traffic
Street
Water
Control
Control
Control
"A"
Traffic
Storm
Storm
Lights
/Sewer
Traffic
30%
60%
90%
Attachment
Signal
Water
Water
(Submit
(Submit
Engineering
Type
(Submit All
30%
60%
All @
All @
(Submit All
@ 30%)
30%)
60%)
@ 60%)
Required for all work in City
ROW
Street
X
X
X
X
X
X
X
X
X
Storm Water
X
X
X
X
X
Water / Sewer
X
X
X
X
*If included in street project
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 17 of 19
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
Task 13. ADDITIONAL SERVICES AS DIRECTED BY THE CITY
13.1. SUE
Perform up to fifteen (15) Subsurface Utility Engineering (SUE) Quality Level A test
holes, in areas to be identified, in general accordance with the recommended
practices and procedures described in American Society of Civil Engineers (ASCE)
Publication Cl/ASCE 38-02 (Standard Guideline for the Collection and Depiction of
Existing Subsurface Utility Data). The scope of work involves QL "B" designating of
the utilities to layout the test holes as initiated by the ENGINEER.
13.1 Additional Services as Directed by the CITY
Engineer will complete additional tasks not defined in the above scope, as directed in
writing by the City, for a fee agreed upon by the City and Engineer at the time of
authorization. Additional services may be authorized by the CITY in writing up to an
aggregate not -to -exceed amount of $30,000. Services exceeding $30,000 require a
written amendment executed by both parties before the services are performed.
Additional services as directed by the City, up to $30,000.
ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Negotiation of easements or property acquisition including temporary right -of -
entries.
• Services related to development of the CITY's project financing and/or budget.
• Services related to disputes over pre -qualification, bid protests, bid rejection and
re -bidding of the contract for construction.
• General construction representation including construction shop drawing review,
samples and other submittals submitted by the contractor
• Construction management and inspection services
• Periodic site visits during construction phase
• Performance of materials testing or specialty testing services.
• Services necessary due to the default of the Contractor.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 18 of 19
ATTACHMENT A
DESIGN SERVICES FOR
SANITARY SEWER MAIN M -244A REPLACEMENT NORTH OF DIVISION STREET
CITY PROJECT NO.: 106896
• 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.
• Services related to Subsurface Utility Engineering Levels B, C or D.
• Services related to Survey Construction Staking.
• Services related to acquiring real property including but not limited to easements,
right-of-way, and/or temporary right -of -entries.
• Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CITY.
• Performance of miscellaneous and supplemental services related to the project
as requested by the CITY.
• Preparation of an individual 404 permit application (IP).
• Preparation of a TXRAM Technical Memorandum.
• Presence/absence surveys for federally listed threatened/endangered species.
• Conducting tree surveys and/or preparation of tree removal or preservation plans.
• Application for Texas Parks & Wildlife Department Sand and Gravel Permit.
• Application for General Land Office Easement.
• Consultation with the U.S. Fish and Wildlife Service under Section 7 of the
Endangered Species Act.
• Other environmental services not specifically defined in this scope of services.
• Easement research includes review of records to confirm if the existing sewer line
to be replaced is located within an existing easement. If no easement is found,
preparation of appropriate permanent easement documents will be necessary.
Up to 25 permanent easement documents are assumed.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 08.1.2014
Page 19 of 19
ATTACHMENT B
COMPENSATION
Design Services for
Sanitary Sewer Main M -244A Replacement North of Division Street
City Project No. 106896
Fee not to Exceed
Compensation
A. The ENGINEER shall be compensated a not to exceed fee of $1,559,079.00 as
summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total
Project Fees. The total fee shall be considered full compensation for the services
described in Attachment A, including all labor materials, supplies, and equipment
necessary to deliver the services.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
II. Method of Payment
A. Partial payment shall be made to the ENGINEER monthly upon City's approval of
an invoice prepared and submitted by the ENGINEER in the format and including
content as presented in Exhibit B-1, Progress Reports as required in item III. of
this Attachment B, and Schedule as required in Attachment D to this Agreement.
B. The estimated current physical percent complete as required on the invoice shall
be calculated from the progress schedule as required in Attachment D to this
Standard Agreement and according to the current version of the City of Fort
Worth's Schedule Guidance Document.
C. The cumulative sum of such monthly partial fee payments shall not exceed the
total current project budget including all approved Amendments.
D. Each invoice shall be verified as to its accuracy and compliance with the terms of
this Agreement by an officer of the ENGINEER.
Ill. Progress Reports
A. The ENGINEER shall prepare and submit to the designated representative of the
Water Department, monthly progress reports and schedules in the format required
by the City.
City of Fort Worth, Texas
Attachment B
Revised Date: 08/18/2025
Page 1 of 3
1:51
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm Primary Responsibility
Fee Amount %
Prime Consultant
Freese and Nichols, Sewer line design
Inc.
Proposed Sub -Consultants
$ 989,675
63.48%
Yellow Rose Mapping
Survey/SUE
$ 472,997
30.34%
Acacia
Environmental
$ 53,007
3.40%
West Drilling
Geotechnical Driller
$ 29,700
1.90%
Beyond Engineering
and Testing
Geotechnical Testing Lab
$ 13,700
0.88%
TOTAL
$ 1,559,079
100%
Project Number & Name
Total Fee
Sub Fee
Sanitary Sewer Main M -244A
$ 1,559,079
569,404
Replacement North of Division Street
City Project No.: 106896
City of Fort Worth, Texas
Attachment B
Revised Date: 08/18/2025
Page 2 of 3
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 08/18/2025
Page 3 of 3
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ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
Sanitary Sewer Main M -244A Replacement
City Project No. 106896
None.
City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page I of I
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ATTACHMENT "F"
CERTIFICATE OF INSURANCE
Design Services for
Sanitary Sewer Main M -244A Replacement
North of Division Street
City Project No. 106896
City of Fort Worth, Texas
Attachment F
FORT WORTH.
MAYOR AND COUNCIL COMMUNICATION
7.1.45 FREESE AND NICHOLS, INC ENGINEERING AGREEMENT FOR SEWER MAIN M -244A
REPLACEMENT
DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0729
Ie]4J_1"11'14►I.►J/_x946
SUBJECT
(CD 5 and City of Arlington) Authorize Execution of an Engineering Agreement with Freese
and Nichols, Inc. in the Amount of $1,559,079.00 for the Sanitary Sewer Main M -244A
Replacement from Division Street to Green Oaks Boulevard Project, Adopt Resolution
Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt, and Adopt
Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2026-
2030 Capital Improvement Program
RECOMMENDATION
it is recommended that the City Council:
1. Authorize execution of an engineering agreement with Freese and Nichols, Inc. in the
amount of $1,559,079.00, for Sanitary Sewer Main M -244A Replacement from Division
Street to Green Oaks Boulevard Project;
2. Adopt the attached resolution expressing official intent to reimburse expenditures with
proceeds from future debt for Sanitary Sewer Main M -244A Replacement from Division
Street to Green Oaks Boulevard project; and
3. Adopt the attached appropriation ordinance adjusting appropriations in the Water &
Sewer Commercial Paper Fund by increasing appropriations in the Sanitary Sewer Main
M -244A Replacement North of Division Street project (City Project No. 106896) in the
amount of $2,123,919.00 and decreasing appropriations in the Water & Sewer
Commercial Paper project (City Project No. UCMLPR) by the same amount, to effect a
portion of Water's contribution to the Fiscal Years 2026-2030 Capital Improvement
Program.
DISCUSSION
The purpose of this Mayor and Council Communication (M&C) is to authorize execution of an
engineering agreement with Freese and Nichols, Inc. in the amount of $1,559,079.00 for the
Sanitary Sewer Main M -244A Replacement North of Division Street project for the preparation
of plans and specifications for the replacement of Sanitary Sewer Main M -244A from Division
Street to Green Oaks Boulevard as shown on the attached location map.
1 of 16
FORT WORTH.
In addition to the contract amount, $564,840.00 is required for project management, utility
coordination, real property acquisition and material testing.
Available cash within the Water and Sewer portfolio and the City's portfolio along with the
appropriation authority authorized under the Callable Commercial Paper Program (CP) will
be used to provide interim financing for this project until the debt is issued. Once debt of this
project is sold, bonds proceeds will be used to reimburse the Water and Sewer portfolio and
the City's portfolio in accordance with the attached reimbursement resolution. Under federal
law, debt must be issued within approximately three years for these expenses to be
reimbursable. Adoption of the attached resolution does not obligate the City to sell bonds but
preserves the ability of the City to reimburse itself from tax-exempt bond proceeds.
It is the practice of the Water Department to appropriate its Capital Improvement Program
(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. Funding is budgeted in the Commercial Paper project within the W&S Commercial
Paper Fund for the purpose of funding the Sanitary Sewer Main M -244A Replacement from
Division Street to Green Oaks Boulevard project.
Appropriations for Sanitary Sewer Main M -244A Replacement from Division Street to Green
Oaks Boulevard project are as depicted below:
Fund
Existing
Additional
Project Total*
Appropriations
Appropriations
W&S Commercial
$0.00
$2,123,919.00
$2,123,919.00
Paper — Fund 56032
Project Total
$0.00
$2,123,919.00
$2,123,919.00
*Numbers rounded for presentation purposes.
The project is located in COUNCIL DISTRICT 5 and City of Arlington.
This contract requires a Form 1295.
FISCAL INFORMATION/CERTIFICATION
The Director of Finance certifies that funds are currently available in the Commercial paper
project within the W&S Commercial Paper Fund, and upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be
available in the W&S Commercial Paper Fund for the S M -244A Repl-N of Division project to
support the execution of the engineering agreement. Prior to any expenditure being incurred,
the Water Departments have the responsibility of verifying the availability of funds.
2 of 16
FORT WORTH.
SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern, # 5804
ORIGINATING BUSINESS UNIT HEAD: Chris Harder, # 5020
ADDITIONAL INFORMATION CONTACT: Parvathi S., # 7803
ATTACHMENTS
1. Map - Engineering for Sewer Main M -244A Replacement [7.1.45.1 - 1 page]
2. Resolution (R3) - Engineering for Sewer Main M -244A Replacement [7.1.45.3 - 1 page]
3. Ordinance Approp (R3) - Engineering for Sewer Main M -244A Replacement [7.1.45.4 - 1
page]
4. CONFIDENTIAL - Form 1295 - Freese and Nichols, Inc. [7.1.45.6 - 1 page]
5. CONFIDENTIAL - Sam.gov - Freese and Nichols, Inc. [7.1.45.7 - 3 pages]
6. CONFIDENTIAL - Commercial Paper Balance 07 08 26 [7.1.45.8 - 3 pages]
7. CONFIDENTIAL - FID Table - Engineering for Sewer Main M -244A Replacement [7.1.45.9 -
1 page]
8. CONFIDENTIAL - Project Budget Summary - Engineering for Sewer Main M -244A
Replacement [7.1.45.10 - 1 page]
9. CONFIDENTIAL - Funds Availability - Engineering for Sewer Main M -244A Replacement
[7.1.45.11 - 1 page]
3 of 16
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City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: Freese and Nichols, Inc.
Subject of the Agreement: Sanitary Sewer Main M -244A Replacement from North Division
M&C Approved by the Council? * Yes 0 No ❑
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: August 11, 2026
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes 0 No ❑
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. 106896
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No O
Contracts need to be routed for CSO processing in the following order:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.