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HomeMy WebLinkAboutContract 52866 Sr M RECEIVED CITY SECRETARY . OCT-2 2019 ,� CONTRACT NO. CINOFFORT,W RTH '�` CITY OF FORT WORTH, TEXAS E` CIT ZECRETA tY �el STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth,a Texas home-rule municipality (the "CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, (the "ENGINEER"),for a PROJECT generally described as: (101592) Lake Como and(101875) Oakland Lake Dam Improvements. Article I Scope of Services The Scope of Services is set forth in Attachment"A". Article II Compensation and Term of Agreement A. The ENGINEER's compensation shall be in the amount up to$109,630.00 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 funds 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) 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. (2) The ENGINEER will issue monthly invoices for all work performed under this 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 OFFICIAL RECORD City of Fort Worth,Texas 10FMSBGRETiiAoRY Standard Agreement for Engineering Related Design Services 01 � k Revised Date: 11.17.17 D I ts'x Page 1 of 17 balance will be due within 30 days of receipt of the final invoice. (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. The 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 the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this 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 the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment "C". 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 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) 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 2 of 17 investigations shall be furnished by the CITY, unless otherwise specified in Attachment"A". (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. D. 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. E. 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 3 of 17 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, 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. F. 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. G. 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 not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 4 of 17 H. 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. I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12- 2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Engineer acknowledges the MBE and SBE goals established for this contract and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 5 of 17 notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability—the 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. i. The 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 the 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 the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the 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—the 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. i. ENGINEER waives all rights against the 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 6 of 17 commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable 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 the 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 aggregate. The policy shall contain a retroactive date prior to the date of the contract 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 the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY 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 the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be City of Fort Worth, Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 7 of 17 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 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 Risk Management. 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 by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it 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 the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the 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 the contractual 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. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 8 of 17 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 9 of 17 Obligations of the City Amendments to Article V, if any, are included in Attachment"C". 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 City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 10 of 17 role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at 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. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/installation insurance at the replacement City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 11 of 17 cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The 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 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. K. 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 Amendments to Article VI, if any, are included in Attachment"C". A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 12 of 17 C. Force Majeure The 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 the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) 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 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 termination expenses. The CITY'S approval will 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. City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 13 of 17 F. Indemnification In accordance with Texas Local Government Code Section 271.904, 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 Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. 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. City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 14 of 17 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 (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. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. For contracts with companies that employ fewer than 10 full-time employees (which would include a sole proprietorship) or for an amount less than $100,000.00, the prohibition does not apply. City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 15 of 17 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 Agreement Attachment"D" - Project Schedule Attachment"E" - Location Map City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date: 11.17.17 Dam Improvements Page 16 of 17 Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Baird, Hampton & Brown, Inc. Fernando Costa Konstantine Bakintas, PE Assistant City Manager President/Senior Civil Engineer Date: O/ !9 Date: APPROVAL RE OM ND David Cre Acting Director, Park & Recreation Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting require nts. - - B n Lyn ss, LA Landsc itect, Park & Recreation Department APPROVED AS TO FORM AND LEGALITY ,4)0,f Doug s c Assistant City Attorney OR ATTEST: OFF T� Form 1295 No.: U� `Z* / M&CNo.: Ma Kay se City Secretary TLXNS,.... M&C Date: Sept. 10, 2019 City of Fort Worth,Texas 101592`L Standard Agreement for Engineering Related Design Services 101875 Oaktand Lak Revised Date: 11.17.17 Dam Improvement Page 17 of 17 F "� Attachment A Scope of Services City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date:11.17.17 Dam Improvements Attachments BAIRD, HAMPTON & BROWN building partners May 22, 2019 Mr.Bryan Lyness,RLA,Landscape Architect FW Park&Recreation Department City of Fort Worth 4200 South Freeway,Suite 2200 Fort Worth,TX 76115-1499 RE: ENGINEERING &SURVEYING SERVICES DAM ASSESSMENTS AT COMO LAKE &OAKLAND(FOSDIC) LAKE PARKS Mr. Lyness: We are pleased to have been selected to assist with the referenced project,and offer herein our scope of work and fee proposal. Following your review of the enclosed, we look forward to an opportunity to discuss the City's needs and expectations, and how we may best assist you. Our preliminary review of the proposed scope of work and construction budget has led us to believe that the overall allocated funds may be adequate; although the amount identified for the consultant's dam assessment fee is light. We will be in a better position to address the overall budget following this initial assessment phase. The scope of work provides for an inspection of both dams, a Hydrologic and Hydraulic Study of Fosdic Dam (H&H not required at Como dam — spillway is adequately sized), and developing alternatives, estimates and recommendations to addressing the issues identified within the TCEQ dam inspection reports. Initially,we propose to perform a topographic survey of both dams to assist with the assessment,quantify remedial alternatives, and provide a base onto which the assessment report may be presented, and construction plans may be prepared later. To provide a true assessment, and address items listed in the TCEQ Inspection Report, we believe it is critical to perform a geotechnical investigation at Fosdic Dam (Geotech not required at Como dam — no structural issues noted in the TCEQ report). For this effort, we propose to utilize the services of CMJ Engineering(CMJ). Please note that there is also an environmental and permitting component that will have an impact on the design fee, and possibly schedule. We propose the environmental work be performed by Integrated Environmental Solutions (IES). 3801 William 0 Tate,Suite 500 1 Grapevine,TX760511 PH:817-251-8550I FX:817-251-8810 TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146 engineering I surveying ( landscape Engineering&Surveying Services Dam Assessments at Como Lake&Oakland Lake May 22, 2019 Page 2 of 2 Both firms are a Small Business Enterprise (SBE) and their involvement will help us meet the City's SBE participation goals. Furthermore,we are currently working with both of these firms on other projects,and believe they are the appropriate sub-consultants to assist us with this assignment. The enclosed spreadsheet,titled Professional Services Estimated Level of Effort,presents the various tasks we anticipate performing and their associated fees. Please note the proposed assessment fee is significantly higher than the fee allocated in the project budget; and that the environmental studies and geotechnical investigation equal to more than twenty-five (25%) percent of the fee. For your consideration,and as requested,we've also prepared and offer a project schedule.The proposed schedule tracks fairly well with the milestone dates presented in the request for proposal. Should PARD elect to proceed with this project, we propose to provide the requested services with the following design team members: Principal-In-Charge and Project Manager—Konstantine Bakintas, PE Deputy Project Manager—Shannon Nave, PE and/or Austin Baird, PE Landscape Architect—Tom Kellogg, RLA Project Engineers—Daniel Franklin, PE and/or Gene Capps, PE Environmental Scientist—Rudi Reinecke of IES Geotechnical Engineer—Jay Sappington, PE of CMJ We appreciate the opportunity to submit this scope of work and fee proposal,and look forward to working with you. Thank you: BAIRD, HAMPTON&BROWN Konstantine Bakintas, PE Principal,Sr. Civil Engineer Enclosure: Attachment A—Scope of Services w/revisions Professional Services Level of Effort—Fee Proposal Project Design &Construction Schedule 3801 William 0 Tate,Suite 5010 1 Grapevine,TX 760511 PH:817-251-85510 FX:817-251-8810 TBPE Firm#44,TBPLS Firm#10011300,#10011302,#10194146 engineering I surveying I landscape CONTRACT FOR SERVICES (Firm Fixed Price) CONTRACTOR: CLIENT: Integrated Environmental Solutions,LLC. Baird,Hampton&Brown 610 Elm Street; Suite 300 3801 William D.Tate; Suite 500 McKinney,Texas 75069 Grapevine,Texas 76051 Contact: Mr.Rudi Reinecke Contact: Konstantine Bakintas, P.E. Telephone: (972)562-7672 Telephone:(817)251-8550 X 301 IES Contract No.: Client Project Number: IES Contract Date: Client Contract Number: Services: Services are identified in Attachment A, Scope of Services dated 06 May 2019 (hereinafter referred to as the "Services"). The worksite is the property associated with two parks: Lake Como Park and Oakland Lake Park in the City of Fort Worth, Texas. Lake Como Park is a 59-acre park located at 3401 Lake Como Drive,which the city seeks to review, repair and/or improve Lake Como Dam conditions. Oakland Lake Park is a 69-acre park located at 1645 Lake Shore Drive,which the city seeks to review repair,and/or improve Fosdic Lake Dam and erosion damage along the dam(hereinafter referred to as the"Site"). Price: Compensation for Environmental Services will be based on firm fixed price of: Task 1A—Lake Como Delineation of WOUS and Section 404 Permit Assessment: $3,000.00 Task 1 B—Lake Fosdic Delineation of WOUS and Section 404 Permit Assessment: $3,000.00 Due to the uncertainty of the amount of meetings and coordination,Task 2 will be based on time and materials with the following not to exceed amount: Task 2A—Lake Como Coordination $1,500.00 Task 1 B—Lake Fosdic Coordination $1,500.00 Information Furnished by CLIENT: Information to be furnished by CLIENT is identified in Attachment A,Scope of Services dated 06 May 2019. Special Conditions: Special conditions are identified in Attachment A, Scope of Services dated 06 May 2019. Upon acceptance by IES's execution below, this Order constitutes a contract to perform the services described above in accordance with the terms and conditions identified in Attachment B; subject only to such Special Conditions as are expressly set forth in this Order. CLIENT CONTRACTOR Baird,Hampton&Brown Integrated Environmental Solutions, LLC By: By: (signature) (signature) Name: Name: Title: Title: Date: Date: 06 May 2019 Attachment A: Scope of Services Introduction Waters of the United States Jurisdictional waters of the United States are protected under guidelines outlined in Sections 401 and 404 of the Clean Water Act (CWA), and in Executive Order 11990 (Protection of Wetlands). The U.S. Army Corps of Engineers (USACE) has the primary regulatory authority for enforcing Section 404 requirements for waters of the United States., including wetlands. Examples of common waters of the United States include: • All waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats,sandflats,wetlands,sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce. • Wetlands adjacent to waters(other than waters that are themselves wetlands)identified in paragraphs(a)(1)through(6) of 33 Code of Federal Regulations(CFR)328. The term adjacent means bordering,contiguous,or neighboring.Wetlands separated from other waters of the U.S.by man-made dikes or barriers,natural river berms,beach dunes and the like are "adjacent wetlands." Activities requiring construction (i.e., earthwork, placing fill, excavating, constructing dams, diverting creeks, channelizing creeks, etc.)within waters of the United States generally require a permit from the USACE. The type of permit depends upon the activity and the water resources affected. Typical permits include Nationwide Permits, Regional General Permits, Letter of Permission Permits,and Individual Permits,ranked from simple to complex. Location The project site is associated with two parks: Lake Como Park and Oakland Lake Park in the City of Fort Worth,Texas. Lake Como Park is a 59-acre park located at 3401 Lake Como Drive,which the city seeks to review,repair and/or improve Lake Como Dam conditions. Oakland Lake Park is a 69-acre park located at 1645 Lake Shore Drive,which the city seeks to review repair, and/or improve Fosdic Lake Dam and erosion damage along the dam. The project limits were provided to Integrated Environmental Solutions, LLC (IES) on 02 May 2019, which are graphically depicted below;Lake Como is in RED and Fosdic Lake is illustrated in YELLOW. y � cF.• �' ���{, b� E 6 ��t��, J r^y Fr itV. Description of Services Task 1-Delineation of Waters of the United States and Section 404 Permit Assessment IES will provide professional services to delineate all waters of the United States,including wetlands,at the specified project site. IES wetland ecologist will delineate the jurisdictional limits of the streams and any on-channel ponds based on 33 CFR 328.3[ej, delineate the jurisdictional limits of any potential wetlands based on the 1987 USACE Wetland Delineation Manual, the Great Page 1 of 2 Commercial contract Waters of the US Services 06 May 2019 Attachment A:Scope of Services Plains Regional Supplement, and current Regulatory Guidance Letters. IES will record the boundaries of any potential jurisdictional waters with a sub-meter accurate Global Positioning System and on field maps that will be digitized for illustrations and calculations. This delineation map will be provided to the client. IES will provide a summary of Section 404 permitting strategies. The permitting strategy will focus on utilizing Nationwide Permit (NWP) 13— Bank Stabilization with NWP 3—Maintenance and NWP 18—Minor Discharges also being a possibility. IES will summarize the available NWPs for the proposed project with their limitations and conditions for use. Task 2—Coordination IES will provide professional services to coordinate with the client as necessary. This includes assessing the proposed concept designs under the applicable Nationwide Permits to attending meetings with the City and the client. Deliverables Task 1-Delineation of Waters of the United States and Section 404 Permit Assessment The deliverable for this task is a letter report that summarizes the delineation of the site. The letter report will include: • Delineation map of the jurisdictional waters of the United States; • Routine Wetland Determination Data Forms completed for all potential wetlands(including any questionable wetlands); • Representative photographs of upland and jurisdictional sites; • Descriptions of the site and each jurisdictional area (i.e., soils, plant communities, historic land use, stream characteristics,and ultimately the quality); • Determinations as to significant nexus for all wetlands and non-relatively permanent waters within the study limits;and • Definitions of a water of the United States and whether each water/wetland feature meet a definition (i.e., IES'opinion as to whether they are jurisdictional);and • Assessment of the proposed project under Section 404 of CWA,specifically under one or more NWPs. Task 2—Coordination There are no deliverables for this task. Information Furnished by Client The client(or its representative) will provide the engineering designs as needed through the development of the project, which will include(but not limited to)topography, plan and profile drawings,cross sections of stream improvements, and construction types. Rights of entry along the project corridor will have to be provided to IES prior to field surveys being conducted. Special Conditions This scope of services provides a delineation of all water features and IES' opinion as to their jurisdictional status and Section 404 permitting scenarios. Since there are indications that the project can be designed under an NWP without a PCN, services for preparing and coordinating any Section 404 permit is excluded from this scope of services. Cost Compensation for Environmental Services will be based on firm fixed price of: Task 1A—Lake Como Delineation of WOUS and Section 404 Permit Assessment: $3,000.00 Task 1 B—Lake Fosdic Delineation of WOUS and Section 404 Permit Assessment: $3,000.00 Due to the uncertainty of the amount of meetings and coordination,Task 2 will be based on time and materials with the following not to exceed amount: Task 2A—Lake Como Coordination $1,500.00 Task 1 B—Lake Fosdic Coordination $1,500.00 Page 2 of 2 Commercial contract Waters of the US Services a G 7636 Pebble Drive ENGINEERING, INC. Fort Worth,Texas76118 wwwcmjengr.com Proposal No. 19-7300 May 13, 2019 Baird, Hampton & Brown 3801 William D. Tate, Suite 500 Grapevine, Texas 76051 Attn: Mr. Konstantine Bakintas, P.E. PROPOSAL FOR: GEOTECHNICAL ENGINEERING SERVICES FOSDIC DAM IMPROVEMENTS OAKLAND LAKE PARK j FORT WORTH, TEXAS Dear Mr. Bakintas: I INTRODUCTION i CMJ Engineering, Inc. (CMJ) is pleased to submit a proposal for providing geotechnical engineering services in conjunction with the above-referenced project. We prepared this proposal based on telephone conversations with you. The project, as currently planned, will consist of rehabilitating the upstream face of the existing dam at Fosdic Lake. The purpose of this investigation is to evaluate the general geotechnical integrity of the dam as it currently exists and provide geotechnical recommendations for the proposed rehabilitation. For purposes of this proposal, it is assumed that all borings are accessible to truck-mounted drilling equipment. In addition, it is assumed that underground utilities at boring locations will be coordinated by CMJ prior to field drilling. I I Phone(817)284-9400 Fax(817)589-9993 Metro(817)589-9992 CMJ ENGINEERING,INC. Baird, Hampton & Brown Proposal No. 19-7300 May 13, 2019 Page 2 SCOPE OF SERVICES I. BASIC SERVICES A. SUBSURFACE EXPLORATION Experienced drillers and technicians will evaluate subsurface conditions with a total of three sample borings. Two borings are planned to be drilled on the crest of the dam to depths of 40 feet below existing grades, unless rock is noted at a shallower depth. An additional hand boring will be performed on the downstream side of the dam, and will be advanced to approximately 10 feet or to refusal. The field personnel will drill the borings using truck-mounted and hand-operated equipment. Cohesive and non-cohesive soil samples will be obtained using 3-inch diameter Shelby tube samplers and 2-inch diameter standard split-spoon samplers, respectively. In addition, rock encountered will be evaluated by use of Texas Department of Transportation (TXDOT) cone penetration tests. A soils logger will extrude the samples in the field, check the samples for consistency with a hand penetrometer, carefully wrap them to preserve their condition, and return them to the laboratory for testing. A log of each boring will be prepared to document field activities and results. CMJ's personnel will stake the boring locations using normal taping procedures. Approximate locations of the borings will be shown on the plan of borings. Precise surveying of boring locations and elevations is not included in the cost estimate. These services may be provided as Additional Services upon request. At the completion of drilling operations, boreholes will be backfilled with cement/bentonite and plugged at the surface. B. LABORATORY SERVICES Considering the planned facilities, anticipated soil conditions and geology, laboratory tests will be required for classification purposes, and to determine strength characteristics. The following types of tests are therefore recommended: • moisture content and soil identification i • percent passing #200 sieve • sieve and hydrometer analysis • liquid and plastic limit determinations • unconfined compression tests on soil • direct shear tests on soil • unit weight determinations The specific types and quantities of tests will be determined based on geologic conditions encountered in the borings. CMJ ENGINEERING,INC. Baird, Hampton & Brown Proposal No. 19-7300 May 13, 2019 Page 3 C. ENGINEERING SERVICES An engineering report will be prepared to present the results of the field and laboratory data together with our analyses of the results and recommendations. We will provide two copies of the report and an electronic copy. The report will address: • general soil and ground-water conditions • general comments on dam condition • slope stability analyses • seepage conditions • recommendations for dam rehabilitation, as necessary Items other than those specified above, which are revealed by these studies or are necessitated by a change in project scope, may require revised field, laboratory, and engineering services. These services, if required and requested, will be performed as Additional Services. Additional Services are described in Section Il. i D. COMPENSATION FOR BASIC SERVICES It is proposed that the Basic Services described above be performed on a unit price basis, in accordance with the attached Basic Services Cost Estimate. Based on the anticipated scope and the attached Basic Services Cost Estimate, the total cost of the Basic Services should be on the order of $14,600 to $14,700. For budget purposes, a maximum cost of $14,700 is recommended. This cost for Basic Services will not be exceeded without prior authorization. The estimated costs shown in this proposal are based on the anticipated soil conditions. The final invoice will be based on the specific quantities drilled and tested. If unanticipated conditions are encountered during drilling, we will notify you accordingly. i E. SCHEDULE FOR BASIC SERVICES Weather permitting, we plan to initiate these studies within seven days of receipt of notice to proceed, and anticipate that two working days will be required to complete the subsurface exploration for the site (weather conditions permitting). You will receive the final report approximately four weeks following the completion of the field phase. We will make preliminary design data available sooner if necessary. I i i CMJ ENGINEERING,INC. Baird, Hampton & Brown Proposal No. 19-7300 May 13, 2019 Page 4 II. ADDITIONAL SERVICES A. AUTHORIZATION AND SCOPE Additional Services will be performed only if specifically requested and authorized by Client. Additional Services may consist of the following: • Additional subsurface exploration, including quantities or items other than described in Basic Services. • Bulldozer or other equipment services required to achieve access to boring locations. • Stand-by time or time in excess of one-half hour required for travel between boring locations. • Additional laboratory services, including quantities or items other than described in Basic Services. • Additional insurance coverage or limits (if available) other than CMJ's standard policies. • Additional engineering services, including personnel time and expenses for items not specifically described in Basic Services. This may include, but is not limited to, additional meetings requested by Client or Client's other consultants, assistance to Client in dealing with regulatory agencies, preparation and engineering assistance in legal proceedings, and evaluation of alternative designs for the project or relocation of structure, following initial submittal of the geotechnical report. • Additional copies of the report, other than the number described in Basic Services. • Any other required or requested services authorized by Client, other than those specifically described in Basic Services. B. COMPENSATION AND SCHEDULE FOR ADDITIONAL SERVICES Additional Services, when authorized by Client, will be in accordance with our Schedule of Fees. Additional Services will be performed at reasonable times and within reasonable schedules as requested by Client. Authorized Additional Services will be billed as a separate item on invoices and a description of the Additional Services will be provided. i III. TERMS AND CONDITIONS The scope of services will be performed pursuant to the attached CMJ Terms for Geotechnical Engineering Services, which is incorporated into this proposal. Thank you for the opportunity to present this proposal. Please sign the attached Terms for Geotechnical Engineering Services and return one complete copy of this proposal as your I I d CMJ ENGINEERING,INC. Baird, Hampton & Brown Proposal No. 19-7300 May 13,2019 Page 5 authorization to proceed. Facsimile signatures shall be sufficient unless originals are requested by a third party. Do not hesitate to call if you have any questions or if you have suggestions regarding changes to the agreement or to the proposed scope of services We look forward to working with Baird, Hampton & Brown on this project. Respectfully submitted, CMJ ENGINEERING,INC. L .I ♦ ti James P. Sappington IV, P.E. Presid nit copies submitted: (1) Mr. Konstantine Bakintas, P.E.; Baird, Hampton & Brown (by email) Attachment B Compensation City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date:11.17.17 Dam Improvements Attachments Como&Oakland Level of ENorl.xlsx Baird,Hampton Brown 5/22/2019 3801 William D Tate,Ste.500 Grapevine,TX 76051 Tel 817-251-8550,www.bhbinc.com PROFESSIONAL SERVICES ESTIMATED LEVEL OF EFFORT DAM ASSESSEMENTS Lake Como&Oakland(Fosdic)Lake Parks City of Fort Worth Parks&Recreation Department May 22,2018 Project Project Prjct.PE Engineering Project Survey Survey Direct Item/Task Description Director Manager or RLA CADD/EIT Surveyor Field Crew CADD/Tech Clerical Costs Amount (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) (Hrs) ($) ($) $240/hr $170/hr $115/hr $95/hr $130/hr $165/hr $90/hr $60/hr BASIC SERVICES(Fixed Fee) $ 77,510 Surveying Services $ 28,710 Topographic Surveying-Como 1 2 1 4 8 56 48 15,675 Topographic Surveying-Fosdic 1 2 1 4 8 40 48 13,035 Subtotal= 2 4 2 8 16 96 96 0 0 Hydrologic&Hydraulic Studies $ 12,820 H&H-Como-NOT REQUIRED - H&H-Fosdic 2 12 40 60 12,820 Subtotal= 2 12 40 60 0 0 0 0 0 Assessments,Alternatives&Opinions(60%Deliverables) $ 19,890 Lake Como Dam - Solicit&Review Record Drawings 1 2 400 Site Inventory/Analysis 1 2 2 4 50 1,240 Develop Alternatives&OPCs 2 4 8 12 3,220 Prepare Prelim.Report 1 4 6 4 2 50 2,160 Fosdic Lake Dam - Solicit&Review Record Drawings 1 2 400 Site Inventory/Analysis 1 2 2 4 50 1,240 Develop Alternatives&OPCs 2 4 8 12 3,220 Prepare Prelim.Report 1 4 6 4 2 50 2,160 City/Stakeholder Meetings(4 total) 8 10 100 3,720 Incorporate Review Comments 4 6 8 2,130 Subtotal= 16 36 42 48 0 0 0 4 300 Assessments,Alternatives&Opinions(100%Deliverables) $ 16,090 Lake Como Dam - Further Develop Alternatives&OPCs 1 4 8 12 2,980 Address Environmental&Permitting 1 2 4 1,040 Prepare Final Assessment Report 2 4 4 8 2 50 2,550 Fosdic Lake Dam - Further Develop Alternatives&OPCs 1 4 8 12 2,980 Address Environmental&Permitting 1 2 4 1,040 Prepare Final Assessment Report 2 4 4 8 2 50 2,550 City/Stakeholder Meetings(1 total) 2 2 820 Incorporate Review Comments 4 6 8 2,130 Subtotal= 10 26 38 48 0 0 0 4 100 SPECIAL SERVICES(Hourly) $ 29,710 Geotechnical Investigation-Como-NOT REQUIRED - Geotechnicallnvestigation-Fosdic 2 2 14700 15,270 Waters of the US&Permit Assessement-Comc 1 3 2 3000 3,980 Waters of the US&Permit Assessement-Fosdic 2 2 3000 3,570 USACE Coordination&Mtgs.(HOURLY) 4 8 6 8 2 3000 6,890 Subtotal= S 15 12 8 0 0 0 2 23700 Sub-Total for Professional Services 35 93 134 172 16 96 96 10 24100 $107,220 Topographic Surveying= 28,710 Engineering Services= 48,800 Special Services(Hourly)= 29,710 Sub-Total for Professional Services= 107,220 Direct Cost Markup(10%)= 2,410 TOTAL for PROFESSIONAL SERVICES= $ 109,630 Attachment C Amendments to Agreement (none) City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date:11.17.17 Dam Improvements Attachments Attachment D Project Schedule City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date:11.17.17 Dam Improvements Attachments O � CY .2 7 � M � co LL C cr 'a a - -lei 1 y m N N Q _ ' d CY c N V Ln 0 p A Z T 7 Cy d L u W _ Z LiJ a ° m 0 w E ° v O o O Z Ou y rl •-i t ry go Y L d N N M LA N Lnri Q1 Ol LD .i Lr� 1 Q Q m L Q r4 O O O O r- ca O O O N N \ O N N N N O W d 3 \ .�-I N L\O N M V \ \ 0\0 fM \ O V V Ln \ IV Q1 O O Ln C a' E LnL \ O rl N N \ \ \ \ \ \ \ \ \ \ \ \ \ a L �p L 10 .-I rl rl r4 M .-I N N N m M 10 a_ a V Ln l0 O 06 2 � � L � L.L. 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T T T > T T 0 � 'a m m m m m m m >. m m m m m m T m m LM -0 'a 'a 'a 'a -0 -0 m -0 -0 M M 'O "O m -0 m rl IH a a en LM r4 r4O a--4 O1 en w N N O ri rl T o O C � � u N aN+ N tm y ate+ > C E ai `o E E aJ T O d E 7 -d N E u ad+ E U O y3,, E U p vEi uo 7 '�'' Q p v a2S 0 Q pm -0 021 a? c E '�' `U0 ca o y o 3 0 ,fO, o y o 3 0 E J "' > rl QJ C m L 7 U u }' a0+ aJ U u }' al - y oo u +, E CL tA � v E c E ar o f C m Q a Q 2 N J LL V) U D � ydj J LL N U M m Z O a/ o� y C H Y he E a F C7 S y W Q 0 0 E N M LA l0 n 40 Q1 O N M Ln l0 I� 00 0 V p Attachment E Location Maps City of Fort Worth,Texas 101592 Lake Como Standard Agreement for Engineering Related Design Services 101875 Oakland Lake Revised Date:11.17.17 Dam Improvements Attachments Ut -M- " I RFAPP- . mi W.Mm mm.-M. mmm mm-mm.- -wo mm.mmmm .. m - -� �I j� 101875 - Oakland Lake Dam Project Location Map Gateway Park q/ 4� i v x v �v P 0 H K Oakland Lake Park AMKIMrr ul ^� ' Stratford Pa k Stratford Park = a rl -=�j KInQKAA ul City of Fort Worth, Texas Mayor and Council Communication DATE: 09/10/19 M&C FILE NUMBER: 19-0117 LOG NAME: 80LAKE COMO AND OAKLAND (FOSDIC) LAKE DAM ASSESSMENTS SUBJECT Authorize Execution of a Standard Agreement for Engineering Related Professional Services with Baird, Hampton & Brown, Inc., in an Amount up to $109,630.00 to Provide Engineering Services for Dam Improvements at Lake Como and Oakland (Fosdic) Lake Dams (COUNCIL DISTRICT 3 & 8) (2018 Bond Fund) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Standard Agreement for Engineering Related Professional Services with Baird, Hampton & Brown, Inc., in an amount up to $109,630.00, for engineering services associated with the assessment and development of dam improvements at Lake Como (101592) and Oakland Lake Parks (101875). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a Standard Agreement for Engineering Related Professional Services with Baird, Hampton & Brown, Inc., (BHB), in an amount up to $109,630.00 to assess existing dam conditions and determine potential design solution options that address eroded conditions at Lake Como and Oakland (Fosdic) Lake Dams. Staff considers this fee fair and reasonable for the scope of services proposed. On December 5, 2018, the Texas Commission on Environmental Quality (TCEQ) inspected the earthen dams and spillway conditions at Lake Como Park and Oakland Lake Park. TCEQ's findings were outlined in inspection reports submitted to the City on February 19, 2019 and March 28, 2019, respectively. These reports describe required work to be performed on the dams as "major modifications" and specify requirements and recommendations that the TCEQ expects the City to enact. Upon the receipt of the reports the City was tasked with responding to the TCEQ with a Plan(s) of Action that generally outline the City's intent to meet the Requirements/Recommendations section of the reports. The City's corresponding Plan(s) of Action stated that the City will hire a licensed professional engineer to perform assessments on the dams before determining construction options. Due to the comparative nature of the overall requirements of the proposed projects and their comparative project timelines, the Park & Recreation Department (PARD) has determined that efficiencies will be gained by combining the assessments of both dams under one contract. BHB will provide engineering services and prepare assessment reports that describe the federal, state, and local requirements for improving the existing conditions of the two dams. Included with these reports will be potential solutions that will determine the most feasible options for the City to proceed forward with into construction. Funds for this project are included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018). Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has been achieved by the following method: Baird, Hampton & Brown, Inc. is in compliance with the City's BDE Ordinance by committing to 21% SBE participation on this project. The City's SBE goal on this project is 7%. Lake Como Dam Improvements is located in COUNCIL DISTRICT 3. Oakland Lake Dam Improvements is located in COUNCIL DISTRICT 8. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, within the General Capital Projects Fund and the 2018 Bond Program and that, prior to expenditures being made, the participating department has the responsibility to validate the availability of funds. Submitted for City Manager's Office b . Fernando Costa 6122 Originating Business Unit Head: David Creek 5704 Additional Information Contact: Joel McElhany 5745