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
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�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
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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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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Dana Rurghdoff (npr7_Q 7_07_1 1� 20 CDT)
BY:
Pape-Dawson Engineering, Inc.
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Cara Tackett (Apr 15, 20211030 CDT)
Dana Burghdoff
Assistant City Manager
Date: Apr 20, 2021
APPROVAL RECOMMENDED:
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WllliamJohnso (Apr19,20210992CDT)
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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.
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Michael Wellbaum, PE, CFM
Project Manager
APPROVED AS TO FORM AND LEGALITY
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BV/� DBlack (Apr 2q 20211Q18 CDT)
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Doug Black
Sr. Assistant City Attorney
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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
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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