HomeMy WebLinkAboutContract 55680CSC No. 55680
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 Engineers, Inc., authorized to do business in Texas,
("Engineer"), for a Project generally described as: Expanded Use of Flood Warning
System.
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 $627,785.00 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.
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(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
auto physical damage coverage.
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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.
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
in coverage shall be provided to City. A ten (10) day notice shall be
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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
consultants/subcontractors maintain insurance coverage, Engineer
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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
developed per Attachment D to Agreement.
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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.
D. Termination
(1) This Agreement may be terminated:
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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
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.
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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
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
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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
Notices regarding Articles VI. D. and VI. G are to be provided to the other Party
by hand-delivery or via U.S. Postal Service certified mail return receipt
requested, postage prepaid, to the address of the other Party shown below:
City of Fort Worth
Attn: Ranjan Muttiah, PhD, PE, CFM
Stormwater Management - TPW
200 Texas Street
Fort Worth, Texas 76102
Engineer:
Pape-Dawson Engineers, Inc.
Attn: Zubin Sukheswalla, P.E., CFM
5810 Tennyson Parkway, Suite 425
Plano, TX 75024.
All other notices may be provided as described above or via electronic 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
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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
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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 Burghdoff (N ay 5, 20" 110:49 CDT)
Dana Burghdoff
Assistant City Manager
Date: May 5, 2021
APPROVAL RECOMMENDED:
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BA/:W Johnson (Ma 4, 202ll0:08 CDT)
7
William Johnson
Director, Transportation & Public Works
Contract Compliance Manager:
BY:
Pape-Dawson Engineers, Inc. ,
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Cara C. Tackett
Senior Vice President
Date: 05/03/2021
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.
�hiu, ���P1
Ranjan Muttiah
Project Manager
APPROVED AS TO FORM AND LEGALITY
8�'�C/�i
gV/: DBlack (May 4, 202ll9:09 CDT)
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Douglas W. Black
Assistant City Attorney
ATTEST:
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Mary J. Kayser
City Secretary
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City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 03.16.21
Page 17 of 17
M&C No.: 21-0207
M&C Date: 03/23/2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
Professional Engineering Services for
Expanded Use of Flood Warning System
City Project No. 103199
The scope set forth herein defines the work to be performed by the ENGINEER in completing the
project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and
address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-
consultant, including surveyor, employed or contracted by the ENGINEER.
The contract will be setup as an Indefinite Delivery Indefinite Quantity (IDIQ) contract; however, work
will be performed as individual Work Authorizations with a specific scope and fee that requires staff
level approvals.
OBJECTIVES OF THE STUDY
Identification of overall gauge locations that provide functional flood warning value to first responders
and residents.
1. Determine value of water level gauging— does it do its job well and how does it impact other system
functions and warning capabilities (for example, is a gauge helping predict flooding at other
ungauged locations along the same creek).
• Provide information that can be responded to in real time, such as, overtopping predictions with
lead times and inundation maps based on predicted flood levels.
• Determine if the gauge is monitoring a vulnerable population downstream
• Determine if the gauge should be pulled out for use at another low-water crossing.
2. Prioritize based on importance, for example, do some precipitation gauges carry more importance
over others based on their location to other system elements such as proximity to gauged
watersheds or known gauged high-risk areas.
3. Predict real-time flooding at ungauged low-water crossing locations from available data at gauged
locations.
4. Update the City's OneRain software with information created in this analysis to provide real-time
projections.
TASK A- DATA COLLECTION [WORK AUTHORIZATION #1]
The City will provide the following information related to the current High-Water Warning System
(HWWS)
• All geospatial and physical attribute information related to the current HWWS elements in a GIS
ready format for the pilot study test sites, initially. Once the pilot studies are completed the
remaining sites data will be necessary.
• Actual gauged data for the system in a tab or comma delimited format or data analysis package.
Initial quality control checks regarding completeness and data gaps will be performed by the
Engineer. The Engineer will discuss with the City any data gaps, QC check, and determine which
data is not suitable to use. The hope is that there is plentiful data available that is continuous with
minimal data gaps to perform the steps in Task C.
• All HEC-HMS and HEC-RAS models for the City's watersheds in digital modeling formats with
software version information and associated reports.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 1 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
• City-wide planimetric data including Drainage Area, time of concentration shapefiles. As other data
is required, separate requests will be made on an as-needed basis.
• Drainage complaints database, flood rescues, fatalities information.
• The CITY will provide a list of city-wide identified low-water crossings.
TASK B- DATA ANALYSIS (PILOT STUDY) [WORK AUTHORIZATION #1]
1. Meet with City staff to discuss the locations where the pilot study will be performed. The
anticipation is that two areas in the City will be selected for the pilot study phase.
2. Determine contributing drainage areas for the City's gauged stage locations from the City provided
models. If matching information from the GIS system is available, that will work as well.
3. Observed Flow from Observed Sta�e: Prepare a stage versus flow rating curve for each stage gauge
based on existing HEC-RAS models. Determine the elevation at each stage gauge that causes
flooding and corresponding flow based on the upstream face cross-section in the HEC-RAS model.
4. Determining flooding/overtopping precipitation thresholds from stage gauge rating curves
a. Develop a Thiessen polygon network using all the available total weather and precipitation
gauges in the City, including third-party gauges owned and operated by the NWS, USGS, and
TRWD.
b. For the pilot study gauges, determine the weighted percentage of the neighboring precipitation
gauges impacting its drainage areas. This will be done by intersecting the Thiessen polygon
network with the contributing drainage area of each pilot study stage gauge.
c. Modify the HEC-HMS model for each pilot study stage gauge, to correlate the flooding flow
threshold determined in Step 3 to the storm duration for the 1-year, 2-year, 5-year, 10-year, 25-
year, 50-year, 100-year, and 500-year storm events when the gauges show an overtopping
condition. Develop a matrix for each stage gauge that shows the total precipitation needed at
each duration to create an overtopping or flooding condition for the seven return frequency
events as shown below (Red cells visually show the combination of all the Return Periods and
corresponding Storm Durations that generate a flow equal to or higher than the threshold
overtopping flow of 2,300 cfs for Gauge CFW-2050).
d. Based on the weighted percentage of the influencing precipitation gauge and the flooding
threshold for each pilot stage gauge, develop a threshold matrix of the pilot study gauge versus
the influencing precipitation gauges as shown below. Use Table 5.15 of the Hydrology section
of the Technical iSWM Manual (Revised April 20, 2020) to determine the "Flooding Threshold
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 2 of 9
Stage Gauge ID CFW-2050
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
(in.)" for each return period and storm duration where the first red cell in the above table is
encountered.
Sta e Gau e ID CFW-2050
Influencing
Duration of Storm Event min --> 60 120 180 360 720 1440
Precipitation Floodin Threshold in --> 2.888 3.031 2.871 3.446 3.016 3.191
Gau e ID % Influence Uncalibrated Cumulative Precipitation Values in.
CFW-2050 40% 1.16 1.21 1.15 1.38 1.21 1.28
CFW-3200 30% 0.87 0.91 0.86 1.03 0.90 0.96
CFW-2200 15% 0.43 0.45 0.43 0.52 0.45 0.48
CFW-900 10% 0.29 0.30 0.29 0.34 0.30 0.32
CFW RG-05 5% 0.14 0.15 0.14 0.17 0.15 0.16
e. For each Stage Gauge, graph the uncalibrated precipitation values (in.) versus the duration
(min.) and create best fit trendlines for each Precipitation Gauge as shown below.
Stage Gauge ID CFW-2050
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••••••••• Power (CFW_RG-05)
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City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 3 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
f. As shown below, develop a reference table for the Stage Gauge that provides the calculated
cumulative precipitation values per influencing Precipitation Gauge based on the graphed
trendline fits.
Sta e Gau e ID CFW-2050
Duration of Storm Event min --> 60 120 180 360 720 1440
Infiuencing Calculated Floodin Threshold in --> 2.93 2.99 3.03 3.09 3.16 3.22
Precipitation Trendline Variables
Multiplier:2.58533, Caiculated Cumulative Precipitation Values (in.)
Gau e ID Power:0.030358
CFW-2050 1.03413 1.17 1.20 1.21 1.24 1.26 1.29
CFW-3200 0.77560 0.88 0.90 0.91 0.93 0.95 0.97
CFW-2200 0.38780 0.44 0.45 0.45 0.46 0.47 0.48
CFW-900 0.25853 0.29 0.30 0.30 0.31 0.32 0.32
CFW RG-05 0.12927 0.15 0.15 0.15 0.15 0.16 0.16
5. Extrapolatin� Sta�e �au�e information to other un�a��ed crossin�s alon� the creek:
Since the city has modeling data associated with gauged locations, the intent is to use the real-time
stage and predict the stage at ungauged locations upstream and downstream of the gauged
crossing. This will be achieved by using the pre-run existing HEC-RAS and HGL profiles by storm
frequency.
TASK C- PILOT STUDY TESTING [WORK AUTHORIZATION #1]
Based on the Calculated Flooding Threshold (in.) per influencing precipitation gauge, evaluate 10 storm
events for each pilot study stage gauge.
1. The selection of the representative historical storm events to analyze will be based on the observed
flood stages at the pilot study gauges that cover all 6 storm durations and exceed the Calculated
Flooding Threshold (in.) for each gauge. City staff will be crucial in this selection and determination.
2. Track the time-series of the observed stage alongside the observed cumulative precipitation for
each historical storm event based on the influencing percentage. Plot the duration of the observed
cumulative precipitation at each time step. Depending on the storm duration, determine if the
trendlines calculated in Task B.4.e are applicable or need adjustment.
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City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 4 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
3. Create an aggregated time-series graph for each Stage Gauge based on the historical storms from
Task C.1 as represented by the solid blue line (historical precipitation) and then create a trendline fit
as shown by the dashed blue line (trendline fit).
Historical Stage vs Historical Precipitation
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4. The difference in timing between the observed flooding versus the time when the cumulative
precipitation exceeds the calculated flooding threshold is the Watershed Response time. The
Watershed Response time will be plotted for each pilot study gauge versus the actual storm
duration to determine a trendline that provides a reasonable estimate of Emergency Response lead
times.
5. Since the Lebow channel has several gauges along its reach, the extrapolation steps of Task 6.5 will
be checked on other gauges along Lebow channel that are not part of the pilot study phase for the
10 historical storm events. Any elevation adjustments to be made will be noted.
6. During future precipitation events, confirm the results of Task C.2 — C.5 using time-series data.
Make adjustments to the trendline equations in Task C.2, if necessary.
7. Hold up to four (4) meetings with City staff to discuss results.
8. Prepare and present one (1) City staff presentation to explain the results.
TASK D— SOFTWARE INPUT [WORK AUTHORIZATION #2]
1. Hold a training session with City Flood Warning System manager to understand how to program the
City's OneRain software for additional data and curves created in Task C.
2. Perform testing using the pilot study gages with real time data. Develop adjustments to be made to
the gage response curves.
Upon substantial completion of Task E below, perform similar steps for the remaining City-wide gauge
network as part of Task E.
TASK E— CITY WIDE UPDATES [WORK AUTHORIZATION #3]
1. Based on the results of Task C, and upon further direction from the City, collect additional data
associated with the remaining HWWS elements.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 5 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
2. The remaining of the 53 HWWS stage gauges will be evaluated to determine opportunities to move
existing gauges to new locations where they may be more efficient. Review of efficiency of gauges
is defined as:
• Gauge alarm levels are non-achievable based on models
• Gauge has not alarmed during Tropical Storm Hermine and during 2015-2020 (2018 had several
large storm events).
• Alarm level on gauge does not correlate with known flooding occurrences.
• Limited downstream and upstream flood warning benefit to gauging at current location.
Based on the preliminary evaluation of the Hazardous Roadway Overtopping Mitigation (HROM)
crossing priority scores, it is anticipated that the citywide analysis will be performed in 3 phases
based on the following criteria:
a. Category A HWWS Sites - Based on High Priority HROM sites [WORK AUTHORIZATION #3A]
Approximately 13 HWWS Gauge locations as shown below were selected based on an overlay of
the High Priority HROM sites (Scores of >20). Not all HROM sites are captured by these locations
since several HROM locations fall on ungauged Fort Worth streams.
Water Level and Rainfall 2300 Precinct Line Rd
Water Level and Rainfall 400 E Long Ave
Water Level and Rainfall 1400 NE 28th
Water Level and Rainfall 7950 Trinity Blvd
Water Level and Rainfall 7200 Randol Mill Rd
Water Level 9200 Trinity Blvd
Water Level and Rainfall 500 E Vickery Blvd
Water Level 35th Street NW east of Angle @ Cement Creek
Water Level and Rainfall 700 Collard Street under UPRR
Water Level and Rainfall 2000 N.E. 36th Street @ Lebow Channel
Water Level Pine Street Underpass @ UPRR
Water Level and Rainfall 2300 Great SW Parkway
Water Level and Rainfall 11600 South Oak Grove Road
Water Level and Rainfall 9600 Wagley Robertson Rd (South) @ Big Fossil Creek
Water Level 1800 Terminal @ WF-4
Water Level 8000 Old Granbury Road
Water Level 7150 Randol Mill @ WF-1
Water Level 7400 Randol Mill @ WF-1
Water Level and Rainfall 1100 DeRidder @ WF-4
Water Level 4200 Hardy @ WF-4
Water Level 4100 Weber @ WF-4
Water Level 1800 Jasper @ WF-4
Water Level 1900 Beaumont @ WF-4
Water Level and Rainfall 1100 Las Vegas Trail at Shoreview
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 6 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
b. Category BHWWS Sites - Based on Age of Infrastructure in and around Loop 820 [WORK
AUTHORIZATION #3B]
All existing HWWS Gauge locations inside Loop 820 and just outside along Lake Worth and in
between SH-183 and IH-30. This second set of gauges was selected based on the age of the
City's infrastructure in the general vicinity of these locations.
c. Category C HWWS Sites - All remaining existing HWWS Gauge locations not in the above two
criteria. [WORK AUTHORIZATION #3C]
4. Perform the steps outlined in Task B, C, and D for the stage gauges identified for each of Work
Authorizations 3A-3C defined above.
5. Upon additional authorization by the City, fine tune the results of the gauges for future precipitation
events for each of the stage gauges identified in Work Authorization 3A-3C above.
TASK F — STUDY DELIVERABLES
1. Prepare pilot study memo and exhibits/tables for discussion. [WA #1]
2. Add pilot study gauge information to the OneRain software for debugging and testing in real time.
[WA #2]
3. Add City-wide gauge information to the OneRain software for debugging and testing in real time.
[WA #3A-3C]
4. Develop city-wide system report and associated exhibits/tables for WA#1, WA#2, WA#3A, 3B, and
3C in one comprehensive citywide report. [WA #3]
5. Address draft report review comments. [WA #3]
6. Prepare final city-wide system report with associated exhibits/tables and digital data. [WA #3]
TASK G — PROJECT MANAGEMENT
Attend a Project Kick-Off ineeting and provide project management services for a period of 15 months
from Notice-to-Proceed.
TASK H— OWNER-DIRECTED SERVICES [WORK AUTHORIZATION #4]
Depending on the analysis performed in Tasks B-E, there might be some revisions recommended for the
overall Flood Warning System. These recommendations may include some of the following tasks, but
not limited to them:
1. Identification of additional gauged locations and removal of gauged locations based on the results of
the analysis performed in Tasks B-E. Relocations of gauges will be reviewed as well.
2. Third-party expertise and feedback on right-sizing the system and reviewing gauged locations for
optimization.
3. Determining vendor costs for system components and estimating installation costs for new
locations.
4. If the historical data provided by the City is deficient in providing actionable data for the analyses in
Tasks B-E, then additional data may need to be processed (and/or purchased) from third-party
vendors/consultants to supplement the data gaps.
These owner-directed services will be performed at the direction of the City, with clear justification and
goals/deliverables for a defined fee as part of a separate Work Authorization.
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 7 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
EXCLUSIONS AND LIMITATIONS
The following services are not included in this Basic Scope of Services:
1. All work will be performed in four (4) Work Authorizations with minor revisions in scope and fee
expected to occur at each authorization; however, any major changes such as change in
methodology, lack of historical data and/or prolonged drought conditions is beyond the control of
the City or consultant.
2. Only one Pilot Study Report and one Citywide Report will be prepared documenting all the findings
and recommendations from WA#1 and WA#3A-3C, respectively.
3. Project Management and coordination services beyond 15 months from NTP is not included in these
services.
4. Only the stage gauges owned by the City will be evaluated for the purposes of developing rating
curves. Additional locations are not included.
5. Additional modeling or debugging of the City-provided models.
6. Additional modeling related to sump and storm drain models.
7. Problem-solving to gain access to the City's OneRain software for coding in the gage information.
8. Debugging of OneRain software with the developer (Contrail) for any reason beyond receiving
customer support help.
9. Any costs associated with licensing of the OneRain software for Pape-Dawson use.
10. Development of a GIS website to display the results of this study.
11. Additional submittals or reviews not specifically shown in Task F.
SCHEDULE
PD is authorized to commence work upon execution of this contract or a Notice-to-Proceed (NTP),
whichever comes earlier. A review time of 20 working days is included after the Draft Report submittals
in this schedule.
Task Project Milestone Schedule
A Data Collection 1 week from NTP
B-Pilot Data Analysis - Pilot Study (2 2 months from NTP
watersheds, Lebow and TBD)
4 months from NTP or after four (4) 2021 storm
C-Pilot Pilot Study Testing events of sufficient durations covering the gauge
locations are experienced, whichever is later
D-Pilot Software Input In parallel with Task C
E-Citywide Citywide Updates 9 months of total duration
Study Report and Reviews
Draft Pilot Study Report 4 weeks after completion of Task B and C
F-All Final Pilot Study Report 4 weeks after receipt of City review comments
Draft City-wide Study Report 6 weeks after completion of Task E
Final City-wide Study Report 4 weeks after receipt of City review comments
G Project Management 15 months from NTP
H Owner-Directed Services As needed, without affecting overall project
schedule
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 8 of 9
ATTACHMENT "A"
BASIC SCOPE OF SERVICES
PROPOSED BASIS OF COMPENSATION
Compensation for Basic Services shall be on a time and materials basis in the amount not-to-exceed
$627,785. The Task-based fee breakdown is as follows:
WA# Task ID Task Name Budget
1 A Data Collection $4,760
1 B-Pilot Data Analysis - Pilot Study (2 watersheds, Lebow and TBD) $43,305
1 C-Pilot Pilot Study Testing $80,260
2 D-Pilot Software Input $35,020
3A E.3a Category A Sites - High Priority HROM Sites $93,045
36 E.3b $2ojgory B Sites - Aging Infrastructure (In and Around Loop $164,225
3C E.3c Category C Sites - Remaining HWWS Sites $59,950
1 F.1 Pilot Study Memo, Exhibit, Tables $18,900
2 F.2 Add Pilot Study Gauge info to OneRain $5,400
3A F.3a Add Category A Sites Gauge info to OneRain $5,080
36 F.3b Add Category B Sites Gauge info to OneRain $11,100
3C F.3c Add Category C Sites Gauge info to OneRain $3,660
3C F.4-F.6 Prepare Citywide System Report $35,550
1, 2, 3A-
3C G Project Management $18,030
4 H Owner-Directed Services $49,500
TOTAL $ 627,785
As the project progresses, Pape-Dawson will submit updated Scopes and Fees for each Work
Authorization as follows. Changes are expected to Work Authorizations WA#2, WA#3A-3C depending
on findings of preceding Work Authorizations up to the total not-to-exceed of $627,785.
WA# Authorization Budgets
1 $151,963
2 $41,721
3A $101,283
3 B $180,967
3C $102,351
4 $49,500
TOTAL $ 627,785
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07/23/2012
Page 9 of 9
ATTACHMENT B
COMPENSATION
Professional Engineering Services for
Expanded Use of Flood Warning System
City Project No. 103199
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 enumerated in Attachment A
as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Category 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.
Labor Category 2021 Rate 2022 Rate
$/hour $/hour
Vice President $340.00 $350.00
Princi al En ineer $325.00 $335.00
Sr. Pro'ect Mana er $285.00 $295.00
Pro'ect Mana er $210.00 $220.00
Sr. Pro�ect En ineer $185.00 $195.00
Pro'ect En ineer $165.00 $170.00
GIS Mana er $235.00 $245.00
GIS Technician $135.00 $140.00
CADD Technician $150.00 $155.00
En ineer IV $145.00 $155.00
En ineer III $135.00 $145.00
En ineer II $125.00 $135.00
En ineer I $120.00 $130.00
Water Resources S ecialist II $120.00 $125.00
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%).
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 4
�
ATTACHMENT B
COMPENSATION
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
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 Official Release Date: 8.09.2012
Page 2 of 4
�
ATTACHMENT B
COMPENSATION
IV. Summary of Total Project Fees
Firm �Primary Responsibility � Fee Amount %
Prime Consultant
Pape-Dawson Project Management, $627,785.00 100%
Engineers, Inc. Technical Tasks A-G
Proposed MBE/SBE Sub-Consultants
Non-MBE/SBE Consultants
TOTAL $ 627,785.00 100%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
SWS-089 Expanded Use of Flood $ 627,785.00 0.00 0.00%
Warning System
City MBE/SBE Goal = 0.00% Consultant Committed Goal = 0.00%
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 4
�
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 Official Release Date: 8.09.2012
Page 4 of 4
� .I
� PAPE-DAWSON
� ENGI NEERS -
City of Fort Worth
200 Texas St.
Fort Worth, TX 76102-6314
ATTN: Mr. Ranjan Muttiah
RE: Expanded Use of Flood Warning System
Professional Services through April 23, 2021
April 26, 2021
Project No: 70152-00
Invoice No: TBD
Purchase Order: TBD
City Secretary #: TBD
Professional Services Budget: $
Professional Services Previously Invoiced: $
Professional Services This Invoice: $
Professional Services Billed to Date: $
Reimbursables Previously Invoiced: $
Reimbursables This Invoice: $
INVOICE TOTAL: $
PROJECT MANAGER: Zubin Sukheswalla
100.00
0.00
51.25
51.25
� ��
� ��
51.25
Please pay promptly. Interest of 1% per month is added after 30 days.
Transportation � Water Resources I Land Development � Surveying � Environmental
please remit to: 2000 NW LOOP 410, SAN ANTONIO, TX 78213 telephone: 210-375-9000 website: PAPE-DAWSON.COM
San Antonio � Austin � Houston I Fort Worth � Dallas
INVOICE
SAMPLE
� PAPE-DAWSON
� ENGI NEERS -
April 26, 2021
SALARY AND EXPENSE DETAIL
Professional Personnel
Administrative Assistant
Totals
Total Labor
Transportation � Water Resources I Land Development � Surveying � Environmental
INVOICE
Project No: 70152-00
Invoice No: <Draft>
Hours Rate Amount
.50 102.49 51.25
.50 51.25
** Total Project 70152-00
51.25
$51.25
please remit to: 2000 NW LOOP 410, SAN ANTONIO, TX 78213 telephone: 210-375-9000 website: PAPE-DAWSON.COM
San Antonio � Austin � Houston I Fort Worth � Dallas
ATTACHMENT "C"
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Professional Engineering Services for
Expanded Use of Flood Warning System
City Project No. 103199
Article VI (J): Remove the word "DEFEND"
City of Fort W orth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
FORT WORTH
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 Agreement and encompassing the Scope of Work defined in
Attachment A to the Agreement.
ENGINEER shall prepare and maintain project schedule throughout the life of the project
as defined in the Agreement 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 Agreement.
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,
Mayor and
Texas
Council Communication
DATE: 03/23/21 M&C FILE NUMBER: M&C 21-0207
LOG NAME: 20FLOODWARNINGEXPANDEDUSE
SUBJECT
(ALL) Authorize a Professional Services Agreement with Pape-Dawson Engineers, Inc. in an Amount Not to Exceed $627,785.00 to Improve the
Capability of the Flood Warning System
RECOMMENDATION:
It is recommended that the City Council authorize a professional services agreement with Pape-Dawson Engineers, Inc. in an amount not to
exceed $627,785.00 to improve the capability of the flood warning system (City Project No. 103199).
DISCUSSION:
The professional services agreement recommended by this Mayor and Council Communication (M&C) will provide for engineering services
related to the evaluation of the existing flood warning system to improve its effectiveness and flood warning capability. Historical rainfall and water
level data for the 53 gauged and monitored stream crossings across the City will be evaluated to ensure placement of gauges and flashers
effectively warns emergency responders and the community of hazardous road overtopping. Forecasting will be used to predict how quickly
hazardous crossings will overtop at both gauged and ungauged locations to improve response during rain events and, potentially, to provide some
level of advanced notice to motorists and emergency responders. A strategic plan will identify and prioritize the location of monitoring equipment
to improve the effectiveness of the flood warning system and the communication of risk.
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 Engineers, Inc. was selected as the most
qualified consultant to perform this flood work effort and proposes to perform engineering services for a fee not to exceed $627,785.00. The
engineering evaluation will be conducted in phases with task orders issued based on the results of the completed phase and a determination of
the benefit of next steps. The total cost of all task orders will be at or below the not to exceed amount. Staff considers the fee to be fair and
reasonable for the scope of services proposed.
DVIN: A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the
applicable ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.
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 the Expand Use & Eff Flood Warn project to support the approval of the above recommendation and execution of the
professional services agreeement. 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 bv: Dana Burghdoff 8018
Originating Business Unit Head: William Johnson 7801
Additional Information Contact: Monte Hall 8662