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HomeMy WebLinkAboutContract 55603CSC No. 55603 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING AND RELATED PROFESSIONAL SERVICES This Agreement is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Pape-Dawson Engineering, Inc., authorized to do business in Texas, ("Engineer"), for a Project generally described as: Citywide Drainage Improvements Design, CPN 100092. Article I Agreement for Services Engineer hereby agrees to perForm the engineering and related professional services set forth in the Scope of Services attached hereto as Attachment A. Additional services, if any, will be memorialized by an amendment to this Agreement. Article II Compensation and Term of Agreement A. Engineer shall be compensated in the amount up to $300,000.00 as set forth in Attachment B. B. 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 Contract Amount or completion of the subject matter contemplated herein, whichever occurs first. Article III Terms of Payment Payments to the Engineer will be made as follows: A. Invoice and Payment (1) Engineer shall provide City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to Agreement, to reasonably substantiate the invoices. (2) Engineer will issue monthly invoices for all work perFormed under Agreement. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 1 of 16 �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If CITY fails to make payment in full to Engineer for billings contested in good faith within 60 days of the amount due, Engineer may, after giving 7 days' written notice to CITY, suspend services under Agreement until paid in full. In the event of suspension of services, the Engineer shall have no liability to CITY for delays or damages caused CITY because of such suspension of services. Article IV Obligations of the Engineer A. General Engineer will serve as City's professional engineering representative under Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care Engineer shall perForm its services: (1) With the professional skill and care ordinarily provided by competent engineers practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) As expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) Engineer shall advise City with regard to the necessity for additional subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be perFormed hereunder unless otherwise specified in Attachment A. Engineer shall also advise City concerning the results of same. Such surveys, tests, and investigations shall be furnished by City, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurFace investigations, the City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 2 of 16 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. D. Preparation of Engineering Drawings Engineer will provide to 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 City. City may use such drawings in any manner it desires; provided, however, that Engineer shall not be liable for the use of such drawings for any project other than the Project described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make Engineer or its personnel in any way responsible for those duties that belong to City and/or 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 Project's Contract Documents and any health or safety precautions required by such construction work. 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, Engineer or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the Project or to determine, in general, if the work on the Project is being performed in a manner indicating that the Project, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or this Agreement between City and Engineer be construed as requiring Engineer to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the Project. If the Engineer makes on-site observation(s) of a deviation from the Contract Documents, Engineer shall promptly inform City. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 3 of 16 (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, 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. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) 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, 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, Engineer makes no warranty that City's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from Engineer's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by Engineer to City for periodic construction progress payments to the construction contractor, if required pursuant to Attachment "A", will be based on 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 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 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 City free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between City and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required pursuant to Attachment A, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 4 of 16 represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Engineer is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Business Equity Participation In accordance with City's Business Equity Ordinance (Ordinance No. 24535-11- 2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this Agreement and its accepted written commitment to MBE and WBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Engineer may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) Engineer agrees that City shall, until the expiration of three (3) 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 Engineer involving transactions relating to this contract. Engineer agrees that City shall have access during normal working hours to all necessary Engineer's facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits. (2) Engineer further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subconsultant agrees that City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract, and further, that 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 subcontractor reasonable advance notice of intended audits. (3) Engineer and subcontractor agree to photocopy such documents as may be requested by City. City agrees to reimburse Engineer for the cost of copies at the rate published in the Texas Administrative Code in effect as City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 5 of 16 of the time copying is perFormed. K. Insurance (1) Engineer's Insurance a. Commercial General Liability — Engineer shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a$2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Engineer waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this Agreement. b. Business Auto — Engineer shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non- owned autos, when said vehicle is used in the course of the Project. If the Engineer owns no vehicles, coverage for hired or non- owned is acceptable. Engineer waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Engineer pursuant to this Agreement or under any applicable City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 6 of 16 auto physical damage coverage. c. Workers' Compensation — Engineer shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. Engineer waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Engineer pursuant to this Agreement. d. Professional Liability — Engineer shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and in aggregate. The policy shall contain a retroactive date prior to the date of the Agreement or the first date of services to be perFormed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of Agreement. An annual certificate of insurance specifically referencing this Project shall be submitted to City for each year following execution of the Agreement. (2) General Insurance Requirements a. Certificates of insurance evidencing that Engineer has obtained all required insurance shall be attached to this Agreement prior to its execution. b. Applicable policies shall be endorsed to name City as an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this Agreement are provided under applicable policies documented thereon. d. Any failure on part of City to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) day notice of cancellation or material change City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 7 of 16 in coverage shall be provided to City. A ten (10) day notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a current A.M. Best minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City's Risk Management Group. g. Any deductible or self-insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with as respect to the Project. i. City shall be entitled, upon its request and without incurring expense, to review Engineer's insurance policies including endorsements thereto and, at City's discretion; Engineer may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by this Agreement. m. Subconsultants and Subcontractors to/of Engineer shall be required by Engineer to maintain the same or reasonably equivalent insurance coverage as required for Engineer. When sub City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 8 of 16 consultants/subcontractors maintain insurance coverage, Engineer shall provide City with documentation thereof on a certificate of insurance. L. Independent Consultant Engineer agrees to perForm all services as an independent consultant and not as a subcontractor, agent, or employee of City. The doctrine of respondeat superior shall not apply. M. Disclosure Engineer acknowledges to 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. Engineer further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of Agreement and prior to final payment under Agreement. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, 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, City may request Engineer to assist in obtaining the services of a qualified subcontractor to manage the remediation activities for the Project. O. Permitting Authorities - Design Changes If permitting authorities require design changes to comply with published design criteria and/or current engineering practice standards which Engineer should have been aware of at the time Agreement was executed, 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 Agreement which Engineer could not have been reasonably aware of, Engineer shall notify City of such changes and an adjustment in compensation will be made through an amendment to Agreement. P. Schedule Engineer shall manage the Scope of Work in accordance with the schedule City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 9 of 16 developed per Attachment D to 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 City. B. Access to Facilities and Property City will make its facilities accessible to Engineer as required for Engineer's perFormance of its services. City will perForm, at no cost to Engineer, such tests of equipment, machinery, pipelines, and other components of City's facilities as may be required in connection with Engineer's services. City will be responsible for all acts of City's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, 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 Engineer's services or Project construction. D. Timely Review City will examine Engineer's studies, reports, sketches, drawings, specifications, proposals, and other project 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 City in a timely manner in accordance with the Project Schedule prepared in accordance with Attachment D. E. Prompt Notice City will give prompt written notice to Engineer whenever City observes or becomes aware of any development that affects the scope or timing of Engineer's services or of any defect in the work of 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 10 of 16 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 as a result of Engineer's negligence or if Engineer brings such hazardous substance, contaminant or asbestos onto the Project. G. Contractor Indemnification and Claims City agrees to include in all construction contracts the provisions of Article IV.E. regarding Engineer's Personnel at Construction Site, and provisions providing for contractor indemnification of City and Engineer for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) 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 Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only City will be the beneficiary of any undertaking by Engineer." (2) This Agreement gives no rights or benefits to anyone other than City and Engineer and there are no third-party beneficiaries. (3) 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 City has to bring a claim against Engineer. I. City's Insurance (1) City may maintain property insurance on certain pre-existing structures associated with the Project. (2) City may secure Builders Risk/Installation insurance at the replacement cost value of the Project. City may provide Engineer a copy of the policy or City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 11 of 16 documentation of such on a certificate of insurance. (3) City will specify that the Builders Risk/Installation insurance shall be comprehensive in coverage appropriate to the Project risks. J. Litigation Assistance The Scope of Services does not include Engineer's costs for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by City, and in the event City requests such services of Engineer, this Agreement shall be amended or a separate Agreement will be negotiated between the parties. K. Changes City may make or approve changes within the general Scope of Services in Agreement. If such changes affect Engineer's cost of or time required for perFormance of the services, an equitable adjustment will be made through an amendment to 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 City. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of 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 City or by others acting through or on behalf of City of any such instruments of service without the written permission of Engineer will be at City's sole risk. City shall own the final designs, drawings, specifications and documents. C. Force Majeure Engineer is not responsible for damages or delay in perFormance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of Engineer that prevent Engineer's performance of its obligations hereunder. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 12 of 16 D. Termination (1) This Agreement may be terminated: a. By City for its convenience upon 30 days' written notice to Engineer b. By either City or 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 to the other party or thereafter fails to diligently complete the correction. (2) If Agreement is terminated is terminated for the convenience of City, Engineer will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of Engineer's work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for Engineer's personnel to document the work underway at the time of City's termination for convenience so that the work effort is suitable for long time storage. (3) Upon notice of termination, Engineer will submit to City an itemized estimate of all termination expenses. City's approval must be obtained in writing prior to Engineer incurring any termination expenses. E. Suspension, Delay, or Interruption to Work City may suspend, delay, or interrupt the services of Engineer for the convenience of City. In the event of such suspension, delay, or interruption, an equitable adjustment in the Project's schedule, commitment and cost of Engineer's personnel and subcontractors, and Engineer's compensation, will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, Engineer shall indemnify or hold harmless City against liability for any damage committed by 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 13 of 16 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 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 Agreement, its interpretation and perFormance, and any other claims related to it. The venue for any litigation related to Agreement shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in 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 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles IV.I., VI.B., VI.D., VI.F., VI.G., VI.I., and VI.J. 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 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. 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 City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 14 of 16 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. L. 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. M. Notices All notices may be provided via electronic means or other verifiable means. 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. Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A- Scope of Services Attachment B - Compensation Attachment C- Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 15 of 16 Executed by each party's duly authorized representative. Engineer shall, upon request, provide evidence of authority for a signatory to sign Agreement. This Agreement is effective on the date subscribed by City's designated Assistant City Manager. BY: CITY OF FORT WORTH ��lGl l�GI�GIGI4%� Dana Rurghdoff (npr7_Q 7_07_1 1� 20 CDT) BY: Pape-Dawson Engineering, Inc. c� c�..,e� Cara Tackett (Apr 15, 20211030 CDT) Dana Burghdoff Assistant City Manager Date: Apr 20, 2021 APPROVAL RECOMMENDED: ��� WllliamJohnso (Apr19,20210992CDT) Y' William Johnson Director, Transportation & Public Works Contract Compliance Manager: Cara Tackett, PE Senior Vice President Date: Apr 15, 2021 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. ���� Michael Wellbaum, PE, CFM Project Manager APPROVED AS TO FORM AND LEGALITY �� BV/� DBlack (Apr 2q 20211Q18 CDT) y Doug Black Sr. Assistant City Attorney b�������� ATTEST: �ao�oFORt�a� ��� U e� 0 p,'° o �op �D � A�o g•ld P ° �_� Mary J. Kayser �� � oo � ��� �°°�00000�° � p City Secretary �„ , ° ��" City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 03.16.21 Page 16 of 16 Form 1295 No. 2021-713546 M&C No.: 21-0278 M&C Date: �FFICIAL RECORD CITY SECRETARY FT. W�RTH, TX ATTACHMENT "A" Scope for Task Order Contract — Enqineerinq Desiqn and Construction Phase Services 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 generally define the work to be performed and address the needs of the Project. OBJECTIVE The objective of the projects completed under the Task Order agreement is to prepare construction documents for the PROJECT. Work under this agreement includes, but is not limited to, project management, data collection, topographic survey, subsurface utility exploration (SUE), right-of-way documentation, conceptual/schematic design, preliminary and final design, bidding, and construction phase services for drainage improvements. WORK TO BE PERFORMED ENGINEER hereby agrees to perform design and construction phase services on a task order basis as may be requested by the CITY during the term of thisAGREEMENT. Work under this agreement will be performed on a task order basis. The CITY will request services for each Task Order. The ENGINEER shall prepare scope, fee and schedule as necessary to perform the services requested for each Task Order within 10 working days of the CITY's request. Each Task Order shall include scope for services as Attachment "A". This scope of services will outline tasks required to complete the Work Authorization. This scope of services shall include a detailed description of each task, outline any assumptions and list the required deliverables. For each task the scope shall include a detailed description of the task, outline any assumptions, and list the required deliverables. Each Task Order shall include Attachment "B" detailing the compensation for the Task Order. Compensation will be based upon hours agreed to by the CITY and the ENGINEER for each Task Order. Compensation will be based on the Schedule of Rates in Attachment "B" of this agreement. The fee will include an estimate of reimbursable expense and sub- consultant costs for each Work Authorization. Compensation for each Work Authorization shall be hourly, not-to-exceed. If the Task Order requires a schedule, it shall be attached as Attachment "D". Each Task Order shall include Attachment "E" to identify the project location. City of Fort Worth, Texas Attachment A PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT B COMPENSATION Design Services for Citywide Drainage Improvements Design, City Project No. 100092 Time and Materials with Rate Schedule Project Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services for this project for an amount not to exceed $300,000, as amended. CITY and ENGINEER will agree upon compensation for each Task Order prior to starting work. Each Task Order shall be on a Time and Materials basis. i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member perForming the work. Labor Cateqory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. «< See Attached »> ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been perFormed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Pape-Dawson Proposed MBE/SBE Sub-Consultants TBD Non-MBE/SBE Consultants TOTAL Fee Amount % 273,000.00 91 % 27,000.00 I 9% $300,000.00 I 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % Citywide Drainage Improvements $300,000.00 $27,000.00 9% Desi n, CPN 100092 City MBE/SBE Goal = 9% City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 3 of 4 Consultant Committed Goal = 9% B-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 desired work types and work phases. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 4 of 4 C � PAPE DAWSOIV � ENG►IVEERS SCHEDULE OF REPRESENTATIVE RATES Effective March 1, 2020 Classification Senior Officers Senior Project Manager / Design Leader / Principal Engineer Project Manager / Senior Project Engineer Project Engineer Survey Manager / Geospatial Manager Project Surveyor Assistant Project Manager Designer / E.LT. GIS Manager / Analyst Senior Environmental Scientist / Geologist / Archaeologist Project Environmental Scientist / Geologist / Archaeologist Staff Environmental Scientist / Geologist / Archaeologist Project Coordinator / Planner Technician Administrative Assistant Operations / Clerical Survey Crew (4 person) with equipment Survey Crew (3 person) with equipment Survey Crew (2 person) with equipment LiDAR Mapping Aerial Photogrammetry Total Station / Data Collector GPS Hourly Charge Rate* $225.00 - $390.00 $190.00 - $350.00 $150.00 - $260.00 $125.00 - $190.00 $130.00 - $300.00 $150.00 - $215.00 $125.00 - $180.00 $65.00 - $180.00 $80.00 - $210.00 $125.00 - $210.00 $75.00 - $170.00 $55.00 - $125.00 $70.00 - $240.00 $55.00 - $165.00 $60.00 - $170.00 $50.00 - $110.00 $285.00 $230.00 $175.00 $600.00 / Hr. $200.00 / Hr. $12.50 $30.00 *-Ranges are shown far some employee classifications due to varying rates of individuals performing work. T6PE Firm Registration #47� I TBPLS Firm Registration #10028800 S a n A n t o n i o I A u s t i n I H o u s t o n I F o r t W o r t h I D a I I a s Transportation I Water Resaurces I Land ❑evelopment I 5urveying I Environmental 2000 NW Loop 410, San Antonio, TX 78213 T: 210.375.9000 www.Pape-0awson.com � R � � � � d V .O i c N d V .� d N cv c O � .. � d � ° a 0 0� aa� N O u � N N .a N d a � Z v d � w U d L O N u c � �, � � a `m 3 m N m r m N d u � • �d �� >w y y y u d � a � a o � u L y t' 'd 3 u y > � c w � C O � � � C y d C L � U d E � Z � � fC Q E 0 U m N t�p O � L U �' � � O � w N N d 'G N '6 C Q � _ ys ' a .��� � _ ii a�iO��i m N a N � d N N N � � Q .£ � at � E d�aa ���� a°> d " " d L L � O ❑ � 0 d d = G7 G7 y d v v v a a T � � O ���dd> �nv�a<n�n � �d '_ � R R � R N m � C d N V � O 7 � U � a �, a� — � _ 'o � o c > _ y ,. � wa C � � Q N y a v :� p d � H G a J O Q U i w d £ � N N O � QQo i N � � � � O Ea Q C �, � � d 0 � Q � c 0 Q. �L <.i y d � d Q H Y O � � C f� 0 � � N M a N f0 +, a a a a a a a a a a a� d � � � � � � ������� ������� d v O > C N t H N � O H c d Q � d � R .r C d i d a � d > � � o o � �i v m f0 � R � G � U � � �n d N it y a � E 3 C Z U p �a d U N y T U \ � m i �- R V .. � N G ai � ,vl v! a` G� N O N � 7 R yy 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 �������������� c 7 O � Q 0 0 0 � 00 0 o� � d U 2 N N N c a c a � � d � 0 R O � � O V R C O V s 3 y R � Q 7 � d N C N G X w `o Q R O Z 0 0 0 � 0 0 0 rsr W U 0 > z y _ � w � � J F O F d L O U ul > d C 'c � A O 3 T d � T � VI Q J .� O C > m � 3 a ,� 9 � d N u � � m c r _ � L y m y y N � O a U � � . U � � � � >w `„� a v 01 _ o °' E a` c c 3 V L � � �� .N � � - o -� � � � c v � c °� O � � T � � � N = L C i� 3 � d <.i �O > C N d V .� d � R � .y � � Q a U " N Q N # 0 � � �O U Z :.� � i+ d � H N l0 .O a Y � � L a�'+ O G a.�'+ ai��LLi�a' � � B (0 O B L � U d � N � o P? � �' N N N N N N 'a N 'a 'a C 'a aL a _ m a " .��� •� E � m R d dOHLL � E � w � y O Z V 7 li H �2 O � y y � C ol =� R A R � - 0 � Q Q N N� N N y � 'Q'Q � U C1 V O.Q>.Z � O 0 7 3 IC N N� U cnmamv�5 =d :_ � R IC � � d m � C V N.� � ; 7 � U — v �, U N O � O C > _ y «s, a` c � U 71 d N a � ad+ C Q d 7 � Q 0 J O Q U � y N � � N ` O � Q Q � C N � � � C � NC Q C a _ d � � a c � � Z a � ., N � 7 y O N � cii Q a O .� m ❑ N d � � a Y .� � N L H N � O H W � � Q � � � � M � � L � a ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Citywide Drainage Improvements Design, City Project No. 100092 Article VI (J): Remove the word "DEFEND" City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 FORTWORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Task Order and encompassing the Scope of Work defined in Attachment A to the Task Order. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Task Order in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier" level for the ENGINEER's project schedule as part of the negotiation of the Task Order. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a"baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/13/21 M&C FILE NUMBER: M&C 21-0278 LOG NAME: 20SWM PAPE-DAWSON CITYWIDE DRAINAGE IMPROVEMENTS DESIGN SUBJECT (ALL) Authorize Execution of an Engineering Agreement with Pape-Dawson Consulting Engineers, Inc. in an Amount Not to Exceed $300,000.00 for Drainage Improvement Projects Citywide RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering agreement with Pape-Dawson Consulting Engineers, Inc. in an amount not to exceed $300,000.00 for the Citywide Drainage Improvements programmable project (City Project No. P00043) with one renewal at the City's sole option and a maximum contract duration of five years. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to provide for task-ordered engineering services to design various citywide minor drainage improvement projects that may be needed from time to time. These projects may involve storm drain extensions, inlets and outFalls, correcting drainage deficiencies, and other minor drainage improvements. This contract is a tool to quickly respond to small, yet high priority drainage improvement design needs throughout the City that are identified by community members or staff. In May 2018, the Transportation and Public Works Department (TPW), Stormwater Management Division, published a Request for Qualifications (RFQ) for various engineering consulting services. Based on the results of the RFQ, Pape-Dawson Consulting Engineers, Inc. was selected as the most qualified consultant to perform these services. Individual task orders will be issued for each project identified to address a local flooding or drainage need. The cost of each task order will be based on the hours worked at agreed-upon hourly rates. The total cost of all task orders performed will not exceed $300,000.00. Staff considers the proposed hourly rates to be fair and reasonable for the size and complexity of the contemplated projects. This agreement may be renewed one additional time at the City's sole option subject to available funding. M/WBE Office - Pape-Dawson Consulting Engineers, Inc. is in compliance with the City's BDE Ordinance by committing to 9.00% SBE participation on this project. The City's SBE goal on this project is 9%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Capital Projects Fund for future identified task order projects related to the Drainage Improvement Projects programmable project to support the approval of the above recommendation and execution of the engineering agreement. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b� Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485