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HomeMy WebLinkAboutContract 56456 CSC No.56456 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Walter P Moore and Associates, Inc. authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Channel Rehabilitation project development, City Project Number 103069. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to Nine Hundred Fifty Seven Thousand Eight Hundred Dollars and 00/100 ($957,800.00) as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Upon the expiration of the Initial Term, the Agreement may be renewed up to two times at the City's option. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. OFFICIAL RECORD City of Fort Worth,Texas CITY SECRETARY Standard Agreement With Renewals for Engineering Related Design Services Page 1 off 15 Sept.1,2021 FT.WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 2 of 15 E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 3 of 15 management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the 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 contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 4 of 15 contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondent superior shall not apply. City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 5 of 15 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 6 of 15 The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 7 of 15 The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 8 of 15 ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 9 of 15 (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 10 of 15 ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 11 of 15 with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel, and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 12 of 15 ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: ENGINEER CITY OF FORT WORTH Walter P Moore and Associates , Inc. Dana Bur�10,2�:40 CDT) Dana Burghdoff Assistant City Manager Kelly D. ' ard, P.E., CFM Date:Oct 10,2021 Principal Date: September 17, 2021 'ATTEST: �.aaaG4FORr�GGa�a lr QSL../i/,�p�/l.Jt..tJv�/V�� P.t.pp°°°o00°°°00 �� \� 'A° °o d Ronald P. Gonzales ono O=c Acting City Secretary �o� O°° °T.-Pr* d a�all nEXASoOp APPROVAL RECOMMENDED. _� By:WJ i Sop:^7u: 3'48 CDT) William Johnson Director, Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-765193 By:DBIack(Oct 8,202117:12 CDT) 7 Douglas W Black M&C No.: 21-0554 Sr. Assistant City Attorney M&C Date: 8/10/21 OFFICIAL RECORD Contract Compliance Manager: CITY SECRETARY City of Fort Worth,Texas Standard Agreement With Renewals for Engineering Related Design Services FT.WORTH, TX Revised Date:Sept.1,2021 Page 14 of 15 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. -1W'ft;m uay("r Justin Naylor, P.E., CFM, PMP Senior Professional Engineer OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX City of Fort Worth,Texas Channel Rehabilitation Standard Agreement With Renewals for Engineering Related Design Services City Project No.103069 Revised Date:Sept.1,2021 Page 15 of 15 ATTACHMENT "A" SCOPE OF SERVICES WORK TO BE PERFORMED 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. Given the complex nature of drainage and the variation in causes and proposed solutions for Channel Rehabilitation Projects located throughout the City of Fort Worth,both the CITY and the ENGINEER perceive the need to identify and dedicate funding to prioritization and development of mitigation projects. Therefore,to maximize the full potential of the"Project Development"phase,the CITY and the ENGINEER will conduct evaluation and vetting of those projects deemed to be highest priority,before the projects are transferred to implementation in the capital improvements program,thereby identifying potential risks and mitigation strategies,to maximize the efficiency and effectiveness of the final design,bid,and construction phases of a given channel rehabilitation project. This contract will remain in effect until the work is completed or the contract funds are expended. The CITY,at its sole discretion,may renew this contract under the same terms and conditions up to two times. In no event shall a term of the contract exceed 5 years from its effective date. OBJECTIVE This Primary Agreement serves to describe the general services required for the City's Channel Rehabilitation Project Development Program(CRPDP). The Work To Be Performed includes overall tasks to serve the CRPDP Program and individual Site Specific tasks for each channel rehabilitation project. The ENGINEER will develop a Risk Register to define potential considerations unique to each site. The ENGINEER will use the Risk Register as guidance in providing a concept-level design at each identified location in the program. The concept level design will include preliminary construction plans to approximately 30%level design and a sealed Conceptual Engineering Report describing the limits of proposed construction and design considerations unique to the site,including a Risk Analysis report from the Risk Register.While additional site locations may be added throughout the course of the project,Initial Site locations include the following: Because of the variety of tasks that may be performed for each identified location,the Scope of Work,Deliverables, Compensation and Schedule are to be negotiated for each individual Task Oder independently. Task Orders will be documented on a Task Authorization Form. Task Orders will be authorized in writing by the City's Project Manager. Attachment A Channel Rehabilitation Page 1 of 2 City Project No.103069 ATTACHMENT "A" SCOPE OF SERVICES WORK TO BE PERFORMED Segment GIS ID Description Address Estimated Length CH001212 EROSION/SEDIMENTATION 3600 Bandera Rd 1708 EROSION/UTILITY CROSSING CH000699 CONFLICTS NEEDS SD 5617 Lovell Ave 300 IMPROVEMENTS CH023600 BANK CUTTING REAR YARDS 3007 20th St 373 CH001725 BANK EROSION 1170 Sleepy Hollow 476 CH000326 BANK EROSION 7925 Forest Hill Dr 720 CH000189 BANK EROSION 5183 Townsend Dr 1278 CH000346 BANK EROSION 5124 Shackleford St 1893 CH022795 BANK EROSION 4700 Old Benbrook 1470 CH001196 BANK EROSION 4200 Old Benbrook 720 CH000698 BANK EROSION 2901 Lake Como 705 CH023706 BANK EROSION 7101 Canisius Ct 255 CH000144 BANK EROSION 7008 Newberry Ct 850 The scope of this work will be administered through task order authorizations after determining the appropriate scope with CITY staff. Throughout the Project Development Process,a number of activities may be performed depending on the nature of the project and as outlined in any given Task Order. In general,it is anticipated that the order of work will follow the flowchart attached as Attachment A-1. However,each individual task may not include all of the identified tasks,and individual conditions may require modification of the order of tasks performed.Potential Tasks to be performed may include,but are not limited to: • Benefit-Cost Documentation • Hydrologic and Hydraulic Studies • Capital Delivery Cost Estimating • iSWM Checklists • Community Meetings • Planning and Project Prioritization • Conceptual Design(Approx.25%-30% Level • Preliminary Wetlands Determination Design) • Project Reporting and Documentation • Data Collection and Screening • Regulatory Permitting Assessment • Database Population and Management • Risk Register Development • Design and Construction Schedules • Screening and Selection of Projects • Downstream Impact Analysis • Stakeholder Coordination and Meetings • Geotechnical Engineering • Structural Condition Assessment • Geomorphology Assessment • Subsurface Utility Engineering • Graphical Representations • Topographic and Boundary Survey Attachment A Channel Rehabilitation Project Development Page 2 of 2 City Project No.103069 ATTACHMENT A-1 SCOPE OF SERVICES Channel Rehabilitation Process Planning and Project Prioritization • Collect existing information including but not limited to: utility data,easement info,property ownership info • Perform Preliminary Site Visits to all sites to determine priority for Risk Assessment and Schematic Design • Create Risk Register and populate with initial risk assessments • Develop Benefits/Cost Matrix • Review TPW Stormwater Channel Assessment and Channel Rating Forms Milestone 1 • Meet with Stormwater Staff • Prioritize Projects for Conceptual Design • Deliverables: Project Prioritization list and Preliminary Risk Register Preliminary Risk Assessment • Meet with Critical Stakeholders(TPW,Water,PACS,P&D) • Perform Detailed Site Visit at specific sites as identified in Task Order • Identify Survey,SUE,Geotechnical and Environmental Requirements • Create and/or Execute Channel Hydrologic and Hydraulic Analysis • Prepare Design Alternatives • Prepare Preliminary OPCC and Design/Construction Schedule • Populate Risk Register Milestone 2 • Meet with Stormwater Staff • Review Identified Risks,Implications and Proposed Mitigation Strategies • Select Alternative for Design Development • Deliverables: Alternatives Memo and Updated Risk Register r Channel Rehabilitation Schematic Design Development • Perform Survey,SUE,Geotechnical,and Environmental Milestone 3 Services as needed • Prepare Conceptual Engineering Report • Meet with City Stakeholders Identify Potential Funding • Prepare Conceptual Design Package Synergies • Update OPCC and Construction Schedule • Finalize Conceptual Design • Update Risk Register Attachment A-1 Channel Rehabilitation Page 1 of 1 City Project No.103069 ATTACHMENT B COMPENSATION Design Services for Channel Rehabilitation Project Development City Project No.103069 Time and Materials with Rate Schedule Project I. 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 Category 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 Senior Principal/Managing Principal 310 323 Principal 260 271 Chief Hydrologist 225 234 Managing Director 225 234 Team Director 220 229 Senior Project Manager 225 234 Project Manager 175 182 Senior Engineer 180 188 Engineer 145 151 Graduate Engineer 125 130 Senior Graphic Designer 125 130 Senior GIS Specialist 170 177 GIS Specialist 140 146 Senior Hydrologist 160 167 Hydrologist 120 125 Senior Designer 175 182 Designer 125 130 CAD Manager 165 172 Senior CAD Technician 130 136 CAD Technician 95 99 Senior Field Representative 140 146 Field Representative 120 125 Engineering Intern 70 73 Project Accountant 125 130 Senior Administrative Assistant 125 130 Administrative Assistant 95 99 City of Fort Worth,Texas Channel Rehabilitation Attachment B City Project No. 103069 PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION 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 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. City of Fort Worth,Texas Channel Rehabilitation Attachment B City Project No. 103069 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Walter P Moore Risk Assessment, Prelim $825,800.00 86.22 Desgin Proposed MBE/SBE Sub-Consultants PJB Survey Design Field Survey $60,000.00 6.26 HVJ North Texas Geotechnical Engineering $45,000.00 4.70 VRX Global Environmental Site $27,000.00 2.82 Assessment Non-MBE/SBE Consultants TOTAL $957,800.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % Citywide Channel Rehabilitation $957,800.00 $132,000.00 13.78% Project Development City MBE/SBE Goal = 10% Consultant Committed Goal = 13.78% City of Fort Worth,Texas Channel Rehabilitation Attachment B City Project No. 103069 PMO Official Release Date:8.09.2012 Page 3 of 4 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 Channel Rehabilitation Attachment B City Project No. 103069 PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 % \ \ } } \ o 0 000 0 000 \ / I 0 L ggR to- 2 2 2 //\ \ / ® / oe � IL CD / \ § \ JJ3Jaaa \ / / \ / / / / ® \ \ / co ; E I- co @cR = onn � \ w@ � q ® e aM cw e0ee0c00w2 - a a ! _ a) B ? / @ ) § \ 72 \ cc / cm & N ItCq § j> = / ecc 7 ƒ } k § k 0 ƒ { { 8 3/ \ \f / \y=L\ /§) a 5 % � / ° � f ) \ ( k � � jn ± b � mcn J E22 ® \ : E \ ><0 $ � ( § \ E � b2 _ 2 E _ Of - e = w ) ® oo ° 2� � - ta > m : E q2 az a 2 ƒ n ° 0 ° WM @ ) ' < 8 mE \ � Sena > (D @ ® E ® ® ± ¥ E \ LU « , , � a � E = c § - § k \ ) » } { � a $ � e � 2 % § ] E7 % \ = o \ _ w �;a00 _ 225 = ln q ) o cep , f ; > = > 8A _ w , m - g ` ! \� =3 > u e : n . a - 2 { 2 ] u _ c § M & 2Q / t ® § a (j ] ] ƒ \ § \ƒ k / \ / L \ co 22 . � . - - % x » > e9 = ` - 07 e o � \\/ \ « . � , ! \ E - 2 : : � = 2 / y 2 ' : n 2 _ m o - 2 $ { ® / � ¥ | § rcn /gEea _ : ) o { { 2 - 2 _ o . . ] ® c 2 a = _ m Q § § y / , t [ tf w25c / � _ soc � k , n , ] _J � 2E2ED_ e R o 7sae � � ] « 7Eou = < Ofom $ om « 2 - E � _ = 0 = 2 : = 0 = o U : _ : = e _ - / ) / ) ° ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Channel Rehabilitation City Project No. 103069 None City of Fort Worth,Texas Channel Rehabilitation Attachment C City Project No.103069 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 each authorized task order 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 for each task 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 Channel Rehabilitation Attachment D City Project No.103069 Revision Date:07.20.2018 Page 1 of 1 wJ Bear Rd o hoed ,�•, ci Il - R°bertvon Rd �- a SaginawMound 81ueound Westernc}nte Blvd wataugaRn rnariue5 m b f°' Fort Worth '�+h8} a ICI gp�ry Nature Center and Longhorn Rd - r y North d, Wlilcpife,Iefuge �i°o,F Z Rishppl{{a�'nd _V Hurst C ry fde i Y Meacham ivd a Yeller Rd Glenview Dr I t nt Terminal Rd °. Richland Lake s�$f Azr ei- w r E tong Ave Hal torn City Hills Baker Blvd Hurst Brad Worth °Av® e _ z -. tang Ave s�o San om Park CH023-00 - qk NE a° h5idw ar it a V7ti.o°P _� 26th�t 3 � �4 pp lry�a i. NJJ s`,t9-til Z 77, � c CH0,01r7,25�t-It t> 3ti P.lASJo+nl cr, Yucca Ave %serge Base A Riv�aks 'e6 Pd CH0009. 4 Fort North _ - _. °.Y ,snanl M'11`�' 7 a �' � CH0237�6 T,•;I„tend E 95t SS Westtr+orth Westwath � RrJ.dy• _ ° v. White Village r en ev and 5 to r Rd Settlement Foft Wo �@ rt ' datt®�5 ('� e� lAeadowbrook Dr m ♦ a f; „= CH000698 W Rosed a3e St E Rosedale St = m CH001212 CH000699 a y 1311'j CZ a w CH001196 yvat4 gZ N' W Ferty St= >s Lake +oDrS N A:rllrtgton CH022795 9'�' _ Wilbargcvs, c w►ar& _ CH000346 cod Dr i -,A So th�� W eminary Dr E Seminary Or 4' �� s Benbrook 111H000189 oacart5td �a y�i Ed If - �' I focn aoF3kxryg ',� Fb4o 4,� pro Vt age. Forest Hill e8jde o Kennedale i AItamesa ° 3 _CH000326 a ` 7Vt.vn:�,rpcch-4Rd O Everman w Segment GIS ID Description Address Estimated Length ray Shelby Rd E CH001212 EROSION/SEDIMENTATION 3600Bandera Rd 1708 EROSION/UTILITY CROSSING a CH000699 CONFLICTS NEEDS SD 5617 Lovell Ave 300 Dick Price Rd IMPROVEMENTS � e _i CH023600 BANK CUTTING REAR YARDS 3007 20th St 373 10 $ s' CH001725 BANK EROSION 1170 Sleepy Hollow 476 p`s� o a Z 3 CH000326 BANK EROSION 7925 Forest Hill Dr 720 = CH000189 BANK EROSION 5183 Townsend Dr 1278 Oak Gr LEGEND Y CH000346 BANK EROSION 5124ShacklefordSt 1893 o CH022795 BANK EROSION 4700 Old Benbrook 1470 * Project Location CH001196 BANK EROSION 4200 Old Benbrook 720 u CH000698 BANK EROSION 2901 Lake Como 705 0 1.25 2.5 a CH023706 BANK EROSION 7101Canisius Ct 255 e 3 Miles CH000144 BANK EROSION 7008 Newberry Ct 850 o - 0 kA.., .,, PREPARED BY M.Henze Channel Rehabilitation Project AN Walter P Moore and Associates,Inc. 500 N.Akard St,Suite 2300 r •••,t Dallas, REVIEWED BY K.Dillard Development Program QVA waiter 214.740.6200 DATE 8/23/2021 Project Locations p Moore walterpmoore.com E PROJECT NUMBER 20-0924 ATTACHMENT ©2021 WALTER P MOORE AND ASSOCIATES,INC. Channel Rehabilitation City Project No.103069 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. 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. Insured 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 Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). 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 Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured 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 Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 Channel Rehabilitation City Project No. 103069 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured 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 Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 Channel Rehabilitation City Project No. 103069 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 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. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured 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 priorto 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 Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 Channel Rehabilitation City Project No. 103069 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, August 10, 2021 REFERENCE NO.: **M&C 21-0554 LOG NAME: 20SWM WPM DRAINAGE CHANNEL REHABILITATION SUBJECT: (ALL)Authorize Execution of an Engineering Agreement with Walter P. Moore and Associates, Inc. in the Amount Up to $957,800.00 for Project Development Services for the Channel Restoration Programmable Project, Adopt Attached Appropriation Ordinances and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a engineering agreement with Walter P. Moore and Associates, Inc. up to the Amount of$957,800.00 for Project Development Services for the Channel Rehabilitation Programmable Project (City Project Number 103069), which may be renewed up to two times; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Utility Fund in the amount of$700,000.00, from available funds, for the purpose of transferring to the Stormwater Capital Projects Fund and reducing net position by the same amount; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in the amount of$700,000.00, transferred from available funds in the Stormwater Utility Fund, for the purpose of funding the Channel Restoration Programmable Project(P00136); and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: The engineering agreement recommended by this Mayor and Council Communication (M&C)will provide for task-ordered engineering and project development services for the Drainage Channel Rehabilitation program. The agreement will develop effective, affordable and acceptable channel rehabilitation projects to be implemented as a part of the Stormwater Capital Improvement Program. The purpose of these high priority channel rehabilitation projects is to restore channels to protect adjacent private property, public infrastructure, and existing utilities from flooding and/or channel erosion. The 2020 Stormwater Revenue Bond and surplus cash above the reserve requirement in the Stormwater Utility Fund will fund this engineering agreement. In May 2018, the Transportation and Public Works Department (TPW), Stormwater Management Division, published a Request for Qualifications (RFQ)for various engineering services. Based on the results of the RFQ, Walter P. Moore and Associates, Inc. (WPM)was selected as the most qualified consultant for this project and proposes to perform design and engineering services for a fee up to the amount of $957,800.00. The services provided will include feasibility analysis, environmental permitting investigation and schematic design for critical channel infrastructure experiencing severe erosion. This project will identify risks associated with implementing channel rehabilitation projects and develop scope, schedule and budgets of individual projects to be implemented. The engineer will also prepare a unit price bid package so that an on-call contractor can be used to implement channel restoration projects on a more rapid schedule. Staff considers the fee to be fair and reasonable for the scope of services proposed. The City, at its sole option, may renew this contract under the same terms and conditions up to two times. The contract duration will not exceed five years. Stormwater revenue bond funds in the amount of$460,000.00 were originally programmed for project development. Surplus cash of$497,800.00 is needed to supplement the existing $460,000.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=29102&print=true&DocType=Print 8/27/2021 appropriated for project development to address additional high priority locations in need of channel restoration through the WMP contract. The balance of the $700,000.00 of surplus funds being allocated by this M&C is needed to begin small jump start design contracts with separate consultants that overlap with project development to ensure no gap in the delivery schedule and for project administrative services related to the jump start contracts. Funding for this project was not included in the Fiscal Years (FY) 2021-2025 Capital Improvement Program (CIP) because the prioritized locations were not finalized until after the CIP was approved so the amount needed for high priority project development and jump start efforts was unknown. This action in this M&C will amend the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. Business Equity: Walter P. Moore and Associates Inc. is in compliance with the City"s Business Equity Ordinance by committing to 15\% Business Equity participation on this project. The City"s Business Equity goal on this project is 15\%. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are currently available in the Stormwater Utility Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Capital Projects Fund for the Total Channel Restoration Bond programmable project. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department Account Project ProgramActivity Budget Reference # mount ID ID Year (Chartfield 2 FROM Fund Department Account Project ProgramActivity Budget Reference # mount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 1. 05112021 MWBE Channel Rehabilitation Project Development Compliance Memo WN.pdf (CFW Internal) 2. 20SW WPM APPROP FID TABLE updated.xlsx (CFW Internal) 3. 20SWM WPM DRAINAGE CHANNEL REHABILITATION funds availability.docx (CFW Internal) 4. 20SWM WPM DRAINAGE CHANNEL REHABILITATION 52001 A021(r2)r.docx (Public) 5. 20SWM WPM DRAINAGE CHANNEL REHABILITATION 52002 A021(r3)r.docx (Public) 6. Form 1295 Certificate 100785618.pdf (CFW Internal) 7. SAM.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printmc.asp?id=29102&print=true&DocType=Print 8/27/2021