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HomeMy WebLinkAboutContract 57871 CSC No.57871 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 Pacheco Koch Consulting Engineers, LLC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Thomas Place Storm Drain Improvements— Project No. 103057. 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 $119,267.00 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. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 4 of 15 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 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), 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 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 City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 5 of 15 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. 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 6 of 15 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 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 7 of 15 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 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 8 of 15 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 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 9 of 15 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. (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 City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 10 of 15 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 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. City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 11 of 15 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 I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR 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 unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 12 of 15 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 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 City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 13 of 15 same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to 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: CITY OF FORT WORTH ENGINEER Pacheco Koch Consulting Engineers, LLC Dana Eurghdoff Dana Burg yam O 1&1Eff Dana Burghdoff Brian O'Neill(Jul 19,20022i2009:34r" Assistant City Manager Brian D. O'Neill, PE, CFM Date: J U l 21, 2022 Director, Public Infrastructure a� FORM- 4 Date.Jul 1912022 a o0000000 ATTEST: �� °°oo�d 7a��ette S Goo�faGG .'=0 °''�0 ° Jannette S.Goodall(Jul21,202213:50 CDT) � o o ° Jannette Goodall � '�°° °°�`AJ o /y City Secretary a��� EX�°p5oap APPROVAL RECOMMENDED: By:.jilliann Johnson(JVfl9,202215:02 CDT) William M. Johnson Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2022-869666 W-A By: 'lack(Ju121,202208:53CDT) Douglas W Black M&C No.: 22-0385 Sr. Assistant City Attorney M&C Date: 5/24/2022 City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 OFFICIAL RECORD Page 14 of 15 CITY SECRETARY FT. WORTH, TX 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�altl - Mike Bennett, PE Contract Services Administrator OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Thomas Place Storm Drain Improvements Standard Agreement for Engineering Related Design Services City Project No.:103057 Revised Date:November 23,2021 Page 15 of 15 ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects 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. OBJECTIVE The City has identified storm drain pipe improvements along Pershing Avenue and Thomas Place as part of the citywide rehabilitation design and development program. The existing 72"arch storm drain pipe runs between residential properties from Pershing Avenue to Thomas Place is showing signs of cracking, fractures, and voids. The objective of this contract is to collect and analyze data, provide plans, specifications, and cost estimates based on the recommendations outlined in the Task Order PK-2.02 Storm Water Rehabilitation Project Development technical report performed by Pacheco Koch Consulting Engineers, LLC. The data collection includes field survey, subsurface utility engineering services, geotechnical investigation, and available record drawings. The overall objective is to provide qualitative and quantitative drainage improvements along Thomas Place from Pershing Avenue to Calmont Avenue. WORK TO BE PERFORMED Task 1. Design Management Task 2rnn`+or,+ aI noS,nn (NOT IN THIS CONTRACT) Task 3. Preliminary Design Task 4. Final Design Task 5. Bid Phase Services Task 6. Construction Phase Services T;;,;k 7 RQ%W/C;;1;;1m;1P+ cor",oc (NOT IN THIS CONTRACT) Task Q ciir„o„ SeFViGeS (NOT IN THIS CONTRACT) Task 9. Permitting Task 10. Plan Submittal Checklists TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 1 of 22 • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre-design project kickoff meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct and document biweekly project update meetings with CITY Project Manager. • Conduct review meetings with the CITY at the end of each design phase. • Conduct and document weekly design team meetings. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure, and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • Assumes project kick-off meeting • Assumes up to 3 plan review meetings with City. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 2 of 12 E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form G. Plan Submittal Checklists (See Task 10) T�ARLK 2 C-0—NIGEEPTII�-COIGN (30 PERCENT) (NOT IN THIS CONTRACT) TASK 3. PRELIMINARY DESIGN (60 PERCENT). Preliminary plans shall be submitted to CITY per the approved Project Schedule. ENGINEER will develop the preliminary design of the infrastructure as follows. 3.1. Development of Preliminary Design Drawings shall include the following: • Cover Sheet • Drainage area maps showing proposed improvements with drainage calculations and hydraulic computations in accordance with the the current iSWM Criteria Manual for Site Development and Construction. • A Project Control Sheet, showing all Control Points, used or set while gathering data. Generally on a scale of not less than 1:400. The following information shall be indicated for each Control Point: Identified (existing City Monument#8901, PK Nail, 5/8" Iron Rod); X, Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on City Datum only; descriptive location (i.e. set in the centerline of the inlet in the South curb line of North Side Drive at the East end of radius at the Southeast corner of North Side Drive and North Main Street). • Overall project easement layout sheet(s). • SUE plan drawings. • Preliminary iSWM Checklist in accordance with the current iSWM Criteria Manual for Site Development and Construction • Plan and profile drawings of proposed storm water improvements, including existing lot layout with property ownership, streets, curb lines, driveways, medians (if applicable), sidewalks, existing and proposed water and sanitary sewer mains, existing utilities gathered during the SUE and existing utility easements within the project limits. • No less than two bench marks per plan/profile sheet. • The ENGINEER will prepare standard and special detail sheets that are not already included in the City's standard details. These may include connection details between various parts of the project, tunneling details, boring and jacking details, waterline relocations, details unique to the construction of the project, trenchless details, and special service lateral reconnections. 3.2. Geotechnical Investigation/Pavement Design City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 3 of 12 • Soil investigations, including field and laboratory tests, borings, related engineering analysis and recommendations for determining soil conditions will be made. In addition to the above investigations, borings and appropriate field and laboratory analysis will be made at reasonable intervals along the project alignment for the Contractor's use in determining soil conditions for preparing bids and a Trench Safety Plan. • The ENGINEER shall prepare a detailed geotechnical engineering study and pavement design in conformance with the City of Fort Worth Pavement Design Standards Manual, 2005. The study shall include recommendations regarding utility trenching and identifying existing groundwater elevation at each boring. 3.3 Utility Clearance • The ENGINEER will consult with the CITY's Transportation and Public Works Department, Water Department, and other CITY departments, public utilities, private utilities, and government agencies to determine the approximate location of above and underground utilities, and other facilities (current and future) that have an impact or influence on the project. ENGINEER will design CITY facilities to avoid or minimize conflicts with existing utilities, and where known and possible consider potential future utilities in designs. • The ENGINEER shall upload individual DWF files for each plan sheet of the approved preliminary plan set to the designated project folder in BIM 360 for forwarding to all utility companies which have facilities within the limits of the project. The DWF files should be created directly from the CAD files as opposed to PDF files. 3.4 Traffic Control Plan • Develop a traffic control plan utilizing standard traffic reroute configurations posted as "Typicals" on the CITY's BIM 360 website. The typicals need not be sealed individually, if included in the sealed contract documents. • Develop supplemental traffic control drawings as needed for review and approval by the Traffic Division of the Transportation and Public Works Department. These drawings shall be sealed by a professional engineer registered in the State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • Traffic Control "Typicals" will be utilized to the extent possible. It is assumed an additional 4 project specific traffic control sheets will be developed. • One (1) copy of the geotechnical report will be delivered to the CITY. • Three (3) half size construction plans will be delivered for Constructability Review. • Three (3) half size construction drawings will be delivered for Preliminary Design. • PDF plans will be delivered for Utility Clearance. City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 4 of 12 • PDF drawings will be delivered for Preliminary Design. • DWF files created from design CAD drawings will be uploaded to the designated project folder in BIM 360. • All submitted documents and checklists will also be uploaded to the designated project folder in BIM 360. • ENGINEER shall not proceed with Final Design activities without written approval by the CITY of the Preliminary Design plans. DELIVERABLES A. Preliminary Design drawings B. Preliminary iSWM Checklist C. Utility Clearance drawings D. Geotechnical Report E. Documentation of key design decisions (Project Decision Log) F. Estimates of probable construction cost G. Traffic Control Plans TASK 4. FINAL DESIGN (90 PERCENT) AND FINAL CONSTRUCTION DOCUMENTS (100 PERCENT). Upon approval of the Preliminary plans, ENGINEER will prepare construction plans as follows: • Final draft construction plans and specifications included iSWM Construction Plan shall be submitted to CITY per the approved Project Schedule. • Final iSWM Checklist in accordance with the current CITY iSWM Criteria Manual for Site Development and Construction. • The ENGINEER shall submit a final design estimate of probable construction cost with the final design plans submitted. This estimate shall use ONLY standard CITY bid items. • Following a 90% construction plan review meeting with the CITY, the ENGINEER shall submit Final Plans (100%) to the CITY per the approved Project Schedule. Each plan sheet shall be stamped, dated, and signed by the ENGINEER registered in State of Texas. ASSUMPTIONS • All storm water calculations and design shall conform to the current CITY iSWM Criteria Manual for Site Development and Construction. • Three (3) half size drawings will be delivered for the 90% design. • Three (3) half size drawings and three (3) full size drawings will be delivered for the 100% design. City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 5 of 12 • PDF sets drawings and specifications will be submitted for the 90% design. • A DWF file for the 90% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • PDF drawings and specifications will be submitted for the 100% design. • A DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM 360. • ENGINEER to provide estimated final sheet list (cover, drainage area map, project control, easement layout, SUE plan sheets, no. of plan/profiles, special detail sheets, etc) DELIVERABLES A. 90% construction plans specifications. B. 100% construction plans and specifications. C. Final iSWM Checklist D. Documentation of key design decisions (Project Decision Log). E. Detailed estimates of probable construction cost for the authorized construction project, including summaries of bid items and quantities using the CITY's standard bid items and format. TASK 5. BID PHASE SERVICES. ENGINEER will support the bid phase of the project as follows. 5.1. Bid Support • The ENGINEER shall upload all plans and contract documents onto BIM 360 for access to potential bidders. • Contract documents shall be uploaded in a .xIs file. • Unit Price Proposal documents are to be created utilizing CFW Bidtools only and combined in a specified spreadsheet workbook, Bid Proposal Worksheet Template, and will be populated and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded to BIM 360 in two formats, .pdf and .dwf files. The .pdf will consist of one file of the entire plan set. The .dwf will consist of individual files, one for each plan sheet, and will be numbered and named in a manner similar to that of the plan set index. • The ENGINEER shall sell contract documents and maintain a plan holders list on BIM 360 from documents sold and from Contractor's uploaded Plan Holder Registrations in BIM 360. City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 6 of 12 • The ENGINEER will develop and implement procedures for receiving and answering bidders' questions and requests for additional information. The procedures shall include a log of all significant bidders questions and requests and the response thereto. The log shall be housed and maintained in the project's BIM 360 folder titled Request for Information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidders questions and requests, in the form of addenda. The ENGINEER shall upload all approved addenda onto BIM 360 and mail addenda to all plan holders. • Attend the prebid conference in support of the CITY. • Assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptability of alternate materials and equipment proposed by bidders. • Attend the bid opening in support of the CITY. • Tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation and the CFW Data Spreadsheet created utilizing CFW Bidtools only are to be uploaded into the project's Bid Results folder on BIM 360. • Assist the CITY with assembling and awarding contracts for construction, materials, equipment, and services. • Incorporate all addenda into the contract documents and issue conformed sets. 5.2 Final Design Drawings • Final Design Drawings shall be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file (created from CAD application of drawing) for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall be created from the original CAD drawing filess and shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 7 of 12 designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in BIM 360. • In addition to the PDF and DWF files, the ENGINEER shall submit each plan sheet as an individual DWG file with all reference files integrated into the sheet. If the plans were prepared in DGN format, they shall be converted to DWG prior to uploading. The naming convention to be used for the DWG files shall be as follows: I. TPW files shall use the W number as for PDF and DWF files, but shall include the sheet number in the name—"W-1956_SHT01.dwg", "W- 1956_SHT02.dwg", etc. II. Water and Sewer file names shall use the X number as for PDF and DWF files, but shall include the sheet number in the name — "X- 12155_SHT01.dwg", "X-12755_SHT02.dwg", etc. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • Four (4) sets of construction documents will be sold to and made available on BIM 360 for plan holders and/or given to plan viewing rooms. • Four (4) sets of construction documents will be printed and made available for purchase by planholders and/or given to plan viewing rooms. • Two (2) sets of half size plans and specifications (conformed, if applicable) will be delivered to the CITY. • PDF, DWF and DWG files will be uploaded to BIM 360. DELIVERABLES A. Addenda B. Bid tabulations City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 8 of 12 C. Recommendation of award D. Construction documents (conformed, if applicable) E. CFW Data Spreadsheet TASK 6. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 6.1 Construction Support • The ENGINEER shall attend the preconstruction conference. • The ENGINEER shall visit the project site at requested intervals as construction proceeds to observe and report on progress. • The ENGINEER shall review shop drawings, samples and other submittals submitted by the contractor for general conformance with the design concepts and general compliance with the requirements of the contract for construction. Such review shall not relieve the Contractor from its responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples and submittals is free of errors, inconsistencies or omissions. The ENGINEER shall log and track all shop drawings, samples and other submittals in BIM 360. • As requested by the CITY, the ENGINEER shall provide necessary interpretations and clarifications of contract documents, review change orders, and make recommendations as to the acceptability of the work. • The ENGINEER shall attend the "Final' project walk through and assist with preparation of final punch list. 6.2 Record Drawings • The ENGINEER shall prepare record drawings from information provided by the CITY depicting any changes made to the Final Drawings during construction. The following information shall be provided by the CITY: o As-Built Survey o Red-Line Markups from the Contractor o Red-Line Markups from City Inspector o Copies of Approved Change Orders o Approved Substitutions • The ENGINEER shall modify the Final Drawings electronically and shall place a stamp on the plans indicating that they represent Record Drawings of the project as constructed. The stamp shall be signed and dated by the ENGINEER and shall be placed on each plan sheet, whether there are any revisions on the sheet or not. Each sheet shall clearly indicate all changes which apply to that sheet by clouding and numbering, or other suitable means. • The following disclaimer shall be included with the Record Drawing stamp: City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 9 of 12 o These Record Drawings were prepared using information provided by others and represent the as constructed conditions to the extent that documented changes were provided for recording. The ENGINEER assumes no liability for undocumented changes and certifies only that the documented changes are accurately depicted on these drawings. • The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings, on mylar for record storage. The ENGINEER may keep copies of the information provided by the CITY for their files, but all original red-lined drawings shall be returned to the CITY with the mylars. • Record Drawings shall also be submitted as an Adobe Acrobat PDF format (version 6.0 or higher) file and DWF format. There shall be one (1) PDF file and one (1) DWF file for the TPW plan set and a separate PDF and DWF file for the Water plan set. Each PDF and DWF file shall contain all associated sheets of the particular plan set. Singular PDF and DWF files for each sheet of a plan set will not be accepted. PDF and DWF files shall conform to naming conventions as follows: I. TPW file name example — "W-1956_org47.pdf" where "W-1956" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "47" shall be the total number of sheets in this file. Example: W-0053_org3.pdf and K-0320_org5.pdf II. Water and Sewer file name example — "X-35667_org36.pdf" where "X- 35667" is the assigned file number obtained from the CITY, "_org" designating the file is of an original plan set, "36" shall be the total number of sheets in this file. Example: X-12755_org18.pdf Both PDF and DWF files shall be uploaded to the project's Record Drawing folder in BIM 360. For information on the proper manner to submit files and to obtain a file number for the project, contact the Department of Transportation and Public Works Vault at telephone number (817) 392-8426. File numbers will not be issued to a project unless the appropriate project numbers and fund codes have been assigned and are in the Department of Transportation and Public Works database. ASSUMPTIONS • Two (2) site visits are assumed. • Two (2) submittal reviews are assumed. • Two (2) RFI's are assumed. City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 10 of 12 • Zero (0) Change Orders are assumed. • One copy of full size (22"x34") mylars will be delivered to the CITY DELIVERABLES A. Response to Contractor's Request for Information B. Review of Change Orders C. Review of shop drawings D. Final Punch List items E. Record Drawings ;^c�. 141FEAR-FERAFENT SERVICES. (NOT IN THIS CONTRACT) „^c�2— 'R"EY. (NOT IN THIS CONTRACT) TASK 9. PERMITTING. ENGINEER will provide permitting support for the CITY to obtain any and all agreements and/or permits normally required for a project of this size and type, as follows. 9.1. Storm Water Pollution Prevention Plan • For projects that disturb an area greater than one (1) acre, the contractor will be responsible for preparing and submitting the Storm Water Pollution Prevention Plan (SWPPP) with appropriate regulatory agencies. The ENGINEER will prepare the iSWM Construction Plan according to the current CITY iSWM Criteria Manual for Site Development and Construction with will be incorporated into the SWPPP by the contractor. ASSUMPTIONS • iSWM Construction Plan preparation will begin after approval of the Conceptual Design. DELIVERABLES A. iSWM Construction Plan TASK 10. PLAN SUBMITTAL CHECKLISTS Engineer shall complete and submit Plan Submittal Checklists in accordance with the following table: City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 11 of 12 PLAN SUBMITTAL CHECKLIST REQUIREMENTS Street Water Traffic Traffic Traffic Traffic Storm Storm Lights /Sewer Traffic Control Control Control ° ° ° Attachment"A" Signal Engineering 30% 60% 90% Water Water (Submit (Submit Type (Submit All (Submit All @ 30%) 30% 60% All All @ @ 60%) Required for all work in City 30% 60%) ROW Street X X X X V X X X X Storm Water X X X X X Water/Sewer X X X X *If included in street project ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Construction survey and staking. • ROW/easements services. City of Fort Worth,Texas Attachment A Thomas Place Storm Drain Improvements PMO Release Date:07/23/2012 City Project No.:103057 Page 12 of 12 ATTACHMENT B COMPENSATION Design Services for Thomas Place Storm Drain Improvements City Project No. 103057 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 2022 Rate 2023 Rate ($/hour) ($/hour) Principal $245 $245 Associate Principal $210 $210 Senior Project Manager $200 $200 Senior Engineer $150 $150 Project Engineer $120 $120 CADD $85 $85 Administrative $75 $75 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%). City of Fort Worth,Texas Attachment B Thomas Place Storm Drain Improvements PMO Official Release Date:8.09.2012 City Project No.:103527 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, Capital Deliver Division monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B Thomas Place Storm Drain Improvements PMO Official Release Date:8.09.2012 City Project No.:103527 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Pacheco Koch Consulting Storm drain design and utility $107,524 90.2% Engineers, LLC coordination Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants JRB Engineering, LLC Geotechnical engineering $11,743 9.8% TOTAL 1 $ 119,267 1 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE CPN 103057 Thomas Place Storm $119,267 $11,743 9.8% Drain Improvements City MBE/SBE Goal = 8.2% Consultant Committed Goal = 9.8 % City of Fort Worth,Texas Attachment B Thomas Place Storm Drain Improvements PMO Official Release Date:8.09.2012 City Project No.:103527 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. 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O u O°) « O � U.y f� O m M f0 N N y N J d 'o U) O p c m -a o- c c0 o m U NCB y E�� yo��� T - .y .y_m m� E U � E o -'mUo m m raa dF E oUon °�m- o ya o yo _ o C d l0 o o ❑ ❑0— OL crn y W N N N d 0 c� m m u L.0 0 0 _ o r:-o o o o d aoi�ma E�3 �m m� m� u EE� cZ.�o TEn QQ.�O mTEn 1. d yTEnm EN .o mSd oam0dain a`- p d d o �- mo o c c a d � So ?ama�QQ o oQ �o a� U U aaC�O��dU IL IL(a d m(D UU dN d TH Z N N M V LL�O N M V LL1 LL1 LL1 LL1 LL1 LL1 O p� N I-J—HI—HTH �-J O M M M M M M O V V V V O if) O t0 y w d H N M V N N N X o 0 F N N J N C N O � Of S m l0 o N E o�d O UQa - - - - - - - - - - - - �� /\ [n!®/\=#` E /a [/ o \ mm ® \ mm ( } 2 & � ! § / - � k k ) � - \ - - - - - - - � )° � \ � ) \( .9 E aLu.2 ® (nw Ef ° ) gym > u D \ ; = eI m 0 L ;ea 16 E � - � % R / # - $ « 66 � E k ] \ � - k / )� } ! w lw o 0co {+»/) {${)7} )C, ) \( �J—1 �cd—1 iOf \)0 \\) ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Thomas Place Storm Drain Improvements City Project No. 103057 < N/A > City of Fort Worth,Texas Attachment C Thomas Place Storm Drain Improvements PMO Release Date:05.19.2010 City Project No.: 103057 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier' level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Thomas Place Storm Drain Improvements Revision Date:07.20.2018 City Project No.: 103057 Page 1 of 1 ATTACHMENT `D' — PROJECT SCHEDULE THOMAS PLACE STORM DRAIN IMPROVEMENTS (CPN 103057) Estimated Estimated Activity Duration Completion (weeks) After N.T.P. Notice-To-Proceed/Complete Conceptual Design TBD - Preliminary Design 8 8 weeks Final Design 8 16 weeks The CONSULTANT is not responsible for delays beyond its control. END OF ATTACHMENT `D' Thomas Place Storm Drain Improvements City Project No.: 103057 10/19/2021 Page 1 sLL CL O o W QcoLU Q Q z(IZ w x N,aenm� anu 7 — O, 3 'w W V Zz E W 0 �Q v U Q o 0 n 2 a °5• Lu mc w O LL Z Q O Q U oLu lLD ) Q � sna. o + Qm Q< Xw Xw w S 9> O> a xn c� `V LLLL Q m O • O I N o� p Y OF L _ �.■ � may/ N Rwk IWO 6q0 r ` _�yr 1. t • _ it� ,�: -- 1. _ ` d i _� � r •� r z rn v O �M M y 6�5 0 o ydin _ ors �I h,lop �r •1 ' J .4 L OfidIT VTO"m NIP At Ld AF— 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 Thomas Place Storm Drain Improvements Rev. 5.04.21 City Project No.: 103057 Pagel of 3 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 Thomas Place Storm Drain Improvements Rev. 5.04.21 City Project No.: 103057 Page 2 of 3 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 consentto 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 Thomas Place Storm Drain Improvements Rev. 5.04.21 City Project No.: 103057 Page 3 of 3 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/24/22 M&C FILE NUMBER: M&C 22-0385 LOG NAME: 20SWM THOMAS PLACE STORM DRAIN REHABILITATION SUBJECT (CD 7) Authorize Execution of an Engineering Agreement with Pacheco Koch Consulting Engineers, in the Amount of$119,267.00 for the Thomas Place at Calmont Avenue Storm Drain Rehabilitation Project RECOMMENDATION: It is recommended that the City Council authorize execution of an engineering agreement with Pacheco Koch Consulting Engineers for the Thomas Place at Calmont Avenue Storm Drain Rehabilitation project in the amount of$119,267.00. DISCUSSION: The engineering agreement recommended by this Mayor and Council Communication (M&C) will provide for engineering and design services related to the Thomas Place at Calmont Avenue Storm Drain Rehabilitation project. The project is needed to restore the deteriorating drainage pipe system along Thomas Place from Pershing Avenue to Calmont Avenue. The City identified drainage pipe improvements along Pershing Avenue and Thomas Place as part of the citywide Storm Drain Rehabilitation Program. The purpose of these storm drain pipe rehabilitation projects is to restore the structural integrity of existing drainage pipes. Additionally, these projects help to protect life safety, existing roads, infrastructure and adjacent properties. Review of video taken from the pipe indicates it is showing signs of cracking, fractures, and voids making it a high risk for collapse. 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, Pacheco Koch Consulting Engineers (PK) was selected as the most qualified consultant for this project and was engaged via a task order contract to expedite the rehabilitation of this pipe. PK proposes to complete design and engineering services for a fee in the amount of$119,267.00. The services provided will include data collection and design of the realignment of drainage pipe in Thomas Place. Staff considers the fee to be fair and reasonable for the proposed scope of services. Pacheco Koch Consulting Engineers, Inc. is in compliance with the City's Business Equity Ordinance by committing to 10% Business Equity participation on this project. The City's Business Equity goal on this project is 8%. The funding for this project is provided by the 2020 Stormwater Revenue bond. This project is location in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Stormwater Rev Bonds 2020 for the Thomas at Calmont SDR project to support the approval of the recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Linda Young 2485