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HomeMy WebLinkAboutContract 56946 CSC No.56946 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement ("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 ("Consultant"), for a project generally described as: 20FEMA LOMR Updates ("Project") — Project No. 103627. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment "A" ("Services"). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to Two Hundred Thousand and 00/100 Dollars ($200,000.00) ("Contract Amount") in accordance with the Fee Schedule shown 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. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant 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. OFFICIAL RECORD City of Fort Worth,Texas Standard Agreement for Professional Services CITY SECRETARY Revision Date:November 23,2021 Page 1 of 9 FT. WORTH, TX Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of City. Consultant shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Consultant. Article V Professional Competence Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant's work or work product shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFYAND HOLD CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 2 of 9 ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant 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. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit "B". Article XI Right to Audit City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 3 of 9 (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontractor 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 any directly pertinent books, documents, papers and records of such subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII 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 City's Business Equity Ordinance No. 25165-10-2021 (replacing 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), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant'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 Consultant 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. Article XIII Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant agrees to defend, indemnify and hold harmless City and all of its City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 4 of 9 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 or its subcontractor(s). Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s)who perform work under Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI 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 Consultant 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 Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 5 of 9 The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X 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: Clair Davis, P.E., CFM TPW— Stormwater Management 200 Texas Street Fort Worth, Texas 76102 Consultant: Walter P Moore and Associates, Inc. Attn: Kelly Dillard, P.E., CFM 420 Throckmorton Street, Ste. 200 Fort Worth, Texas 76102 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 6 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (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. Article XXII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of Agreement. City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 7 of 9 Article XXIII Attachments, Schedules and Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Walter P Moore and Associates, Inc. Dana Burghdoff( n 7,202 6:32 CST) AAL� Dana Burghdoff Kelly Dil d Assistant City Manager Principal Date.Jan 7,2022 Date. December 22, 2021 ATTEST: a ��0 0, OR p��d d o° 0�9�d J ette S.Goodall(Jan 10,2022 06 CST) ��° o ° ° Jannette Goodall ° o o � City Secretary ��'� 40°°°°°°°oo �`a ����EXASaap APPROVAL RECOMMENDED: By: �,2022 0:21 CST) William Johnson Director, Transportation & Public Works OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 8 of 9 APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-794220 ow M&C No.: 21-0755 By.DBlack(Jan 7,2022 16:04 CST) Douglas W Black M&C Date: 09/28/2021 Sr. Assistant City Attorney Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. i 1 Clair Davis, P.E., CFM Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas 20FEMA LOMR Updates Standard Agreement for Professional Services City Project No.103627 Revision Date:November 23,2021 Page 9 of 9 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. The City of Fort Worth has completed numerous drainage studies throughout the City. These studies included detailed hydrologic and hydraulic calculations describing floodplain limits for open channels in various areas.These projects represented updated information to floodplain information included in the current effective FEMA Flood Insurance Studies and Flood Insurance Rate Maps. This project seeks to evaluate existing City of Fort Worth local drainage studies,update the hydrologic and hydraulic calculations where necessary,configure the data in the required format and make application to FEMA to include this updated information in their effective Flood Insurance Study program.Both the CITY and the ENGINEER perceive the need to perform these projects as individual task orders to better define the tasks required for each unique watershed. 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 2020 FEMA LOMR Updates. The Work To Be Performed includes general tasks applicable to all projects and unique tasks specific to an individual watershed. While additional project areas may be added throughout the course of the contract,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. Watershed CoFW Study No. Drainage Area Study Length (sq.mi) (ft) Eastland Creek SWS-019 2.32 15,500 South Marys Creek SWS-034 8.73 20,700 Sycamore Creek Tributary SC-7 SWS-036 3.68 23,500 Plantation Creeks East and West SWS-041 2.1 13,800 Lake Worth Attachment A 20FEMA LOMR Updates Page 1 of 2 City Project No.103627 ATTACHMENT "A" SCOPE OF SERVICES WORK TO BE PERFORMED The scope of this work will be administered through task order authorizations after determining the appropriate scope with CITY staff. Throughout the project 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 an application to FEMA for a Letter of Map Revision will be a deliverable from each Task Order. 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: • Data Collection and Screening • Geotechnical Engineering • Database Population and Management • Coordination with Other Governmental Entities • Project Management and Oversight • Planning and Project Prioritization • Watershed Delineation using Aerial • Screening and Selection of Projects Orthophotography • Stakeholder Coordination and Meetings • Hydrologic Modeling and Calculations • Topographic and Boundary Survey Benefit- Hydraulic Modeling and Calculations Cost Documentation • GIS Mapping and Analysis • Community Meetings • Project Reporting and Documentation Attachment A 20FEMA LOMR Update Page 2 of 2 City Project No.103627 ATTACHMENT B COMPENSATION Design Services for 20FEMA LOMR Updates City Project No.103627 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,TexasAttachment A 20FEMA LOMR Updates Attachment B City Project No.103627 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,TexasAttachment A 20FEMA LOMR Updates Attachment B City Project No.103627 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 LOMR Modeling, Mapping and $180,000.00 90.00 Processing Proposed MBE/SBE Sub-Consultants Carrillo Engineering Technical Engineering Report $20,000.00 10.00 Writing Non-MBE/SBE Consultants TOTAL $200,000.00 100% Project Number & Name Total Fee I MBE/SBE Fee MBE/SBE % 20LOMR Updates $200,000.00 1 $20,000.00 10.00% City MBE/SBE Goal = 5% Consultant Committed Goal = 10% City of Fort Worth,TexasAttachment A 20FEMA LOMR Updates Attachment B City Project No.103627 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,TexasAttachment A 20FEMA LOMR Updates Attachment B City Project No.103627 PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 &0 \( j\ §© ) : ± o -10 15 ( { �/ {\ _ ` 2_ 49 0 0 �\ \) \)_ o - 0, E 0 - \ - )\®:\ j\! _ §; r!{I\ _ ® _ ~ - )\ m {� o \ \\) _ : )\;\\\ -z =( §yj / §G ;\f! - ) §;2 - ) §/\\\/ goo ) !/f! ;\2/} : ]\]«/ 2 - - _ :: § ; : :_ - -! _ - -- _ : t#: )( & (___/° k {(° k \k }\\\\ \ /\\\\ \ }\\\)\\ )\\\\(\ \\\\\\ }\/\\ )\\\/ ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for 20FEMA LOMR Updates City Project No. 103627 None City of Fort Worth,Texas 20FEMA LOMR Updates Attachment C City Project No.103627 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 FEMA LOMR Updates Attachment D City Project No.103627 Revision Date:07.20.2018 Page 1 of 1 ATTACHMENT E LOCATION MAP Westworth Westworth u White Village Settlement as w O` Willow Park � 0 4 n E o � -_ - t Plantation _�n»r ,=.�•,t v,:,, .; l 4 L y m m South Marys Creek cY- a Aledo S 0° wogr @ti ,i' n3Rd, Abdo Rd Benbrook =.F 10 v� Fit 1187 5 +a �z 1a Pa esid. G 7 r CID 3 _ c 0 d LL ,a LL ,... y g� o m Cr Eastland 5. Lake 3 E. 00rs W BerrySt= to Arlington a De 1 - z B = t c a 3 e ood Dr a0 v Y T A' Qt gaitlt LY 5�urinary D, F S eminary �� Maotlh / W P1. 5` a Hwy w R a a 6r.lo p,. (' ff Q ali.torniaP_k&-yzE VI age r Forest Hill { = LEGEND s Altarnesy Blvd a = f Study Streams r - 3 I Plantation Creek Watersheds sy(•7 "1°`Q' SC 7 ` o Evernlan L Evermy South Mary's Creek Limits , -A-., Shelby Rd ov Watershed x `s Rlst r d E 0 5,000 10,000 I Feet o 0 V.\ PREPARED BY M.Walloch ;.., Walter P Moore and Associates,Inc. A �� 420 Throckmorton,Suite 200 r AA•,' Fort Worth,Texas76102 REVIEWED BY K.Dillard City of Fort Worth LOMR #4VA Project Locations walter 214.740.6200 DATE 1/3/2022 J p Moore walterpmoore.com PROJECT NUMBER H04-21002-00 EXHIBIT 1 ©2021 WALTER P MOORE AND ASSOCIATES,INC. FEMA LOMR Updates City Project No.103627 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 20FEMA LOMR Updates City Project No.103627 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 20FEMA LOMR Updates City Project No.103627 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 coincidentwith 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 20FEMA LOMR Updates City Project No.103627 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/28/21 M&C FILE NUMBER: M&C 21-0755 LOG NAME: 2020FEMA LOMR UPDATES SUPP APPROP SUBJECT (ALL)Authorize Execution of a Professional Services Agreement with Walter P. Moore, Inc. in the Amount of$200,000.00 to Revise Federal Emergency Management Agency Floodplain Maps, 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 professional services agreement with Walter P. Moore, Inc. in an amount not to exceed$200,000.00 to revise Federal Emergency Management Agency floodplain maps through the Floodplain Management program project(City Project No. P00045); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Utility Fund in an amount up to$200,000.00, 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$200,000.00,transferred from available funds in the Stormwater Utility Fund, for the purpose of funding the Floodplain Management program project(City Project No. P00045); and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to authorize execution of a professional services agreement with Walter P. Moore, Inc. in an amount not to exceed$200,000.00 to update Federal Emergency Mangement Agency(FEMA)floodplain maps. Updated FEMA floodplain maps will help City of Fort Worth (City)staff more effectively manage development in and around FEMA flood risk areas in compliance with federal regulations and the City's Floodplain Provisions Ordinance. Additionally the revised maps will correct several errors in the existing FEMA floodplains, resulting in more accurate flood insurance premiums for policyholders in those areas. Primary components of the effort include refining flood risk boundaries from existing evaluations and developing flood risk maps consistent with FEMA mapping requirements through the Letter Of Map Revision(LOMR)process. 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,Walter P. Moore, Inc.was selected as the most qualified consultant to perform this work effort. The cost of each task order will be based on the actual hours worked at agreed-upon hourly rates. The total cost of all task orders performed will not exceed$200,000.00. Staff considers the proposed hourly rates to be fair and reasonable for the scope of services proposed. Funding for this project was not included in the Fiscal Years 2021-2025 Capital Improvement Program(CIP) because these flood risk mapping updates will be funded from surplus reserve funds in the Stormwater Utility Fund and the surplus reserve amount was not finalized until after the CIP was approved. This action in this M&C will amend the Fiscal Years 2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. Business Equity—Walter P. Moore, Inc. is in compliance with the City's Business Equity Ordinance by committing to 10%participation on this project. The City's Business Equity goal on this project is 5%. 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 Floodplain Management programmable project to support the approval of the above recommendations and execution of the agreement. Prior to any expenditure being incurred,the Transportation&Public Works Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Monty Hall 8662 Expedited