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HomeMy WebLinkAboutContract 58813CSC No. 58813 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 AECOM Technical Services, Inc., authorized to do business in Texas ("Consultant"), for a project generally described as: Project Management Services for Park & Recreation Projects ("Project"). 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 $500,000.00 ("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. 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 City of Fort Worth, Texas Standard Agreement for Professional Services OFFICIAL RECORD Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 CITY SECRETARY Page 1 of 9 FT. WORTH, TX 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, 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. City of Fort Worth, Texas Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 Page 2 of 9 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 (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 City of Fort Worth, Texas Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 Page 3 of 9 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 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). City of Fort Worth, Texas Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 Page 4 of 9 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 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 City of Fort Worth, Texas Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 Page 5 of 9 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: Richard Zavala Park & Recreation Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 Consultant: AECOM Technical Services, Inc. Attn: Adrian Grimes 13355 Noel Road, Suite 400 Dallas, TX 75240 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 Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects 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 Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects 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: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Date: F2 b 2, 2023 ATTEST: 4FORT 4; °°°e°rdpP p �0F°°o �YD dIlIlIl aEXPso'd Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: 49le fe., Dave Lewis Acting Director Park & Recreation Department City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: November 23, 2021 Page 8 of 9 BY: CONSULTANT AECOM Technical Services, Inc. Digitally signed n� by Dailey, David Date: 1 /18/23 David Dailey Vice President Date: 01 /18/2023 SP SP OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Project Management Services for Park & Recreation Projects APPROVED AS TO FORM AND LEGALITY Form 1295 No.: None By Jeremy Anato-Mensah Assistant City Attorney Contract Compliance Manager: M&C No.: 22-1023 M&C Date: 12/13/2022 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. Jing Yang Landscape Architect Manager Park & Recreation Department City of Fort Worth, Texas Standard Agreement for Professional Services Project Management Services for Park & Recreation Projects Revision Date: November 23, 2021 Page 9 of 9 Official site of the City of Fort "north, Texas ACITY COUNCIL AGEND FoRT� n Create New From This M&C DATE: 12/13/2022 REFERENCE **M&C 22- LOG NAME: 80STAFF EXTENSION NO.: 1023 PM SERVICES PARK CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Professional Services Agreements with AECOM Technical Services, Inc., and Shield Engineering Group, PLLC, in an Amount Not to Exceed $500,000.00 Each for Staff Extension Services in Managing Park and Recreation Capital Projects (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of professional services agreements with AECOM Technical Services, Inc., and Shield Engineering Group, PLLC, in the amount not to exceed $500,000.00 each for staff extension services in managing park and recreation capital projects. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of professional services agreements with AECOM Technical Services, Inc., and Shield Engineering Group, PLLC, in the amount not to exceed $500,000.00 each for staff extension services in managing park and recreation capital projects. These agreements will provide up to two full-time equivalent (FTE) project managers per contract for the next 12-18 months to assist with the current and expanded workload from 2022 Bond Program and federally funded projects. On May 5, 12 and 19, 2022, the Park & Recreation Department (PARD) advertised in the Fort Worth Star -Telegram a Request for Statements of Interest and Statements of Qualifications (RFI/Q) for project management services for PARD capital improvement projects. On May 26, 2022 the PARD received submittals from ten firms. A selection team, comprised of PARD capital improvement staff, reviewed the proposers' submittals using the following criteria (a) completeness and appropriateness of the submittal, (b) experience with comparable projects, (c) creativity, innovation, quality control and commitment to projects, (d) experience and capability of project manager and staff, (e) familiarity with management and delivery of public projects, and (f) project references. The individual scores were averaged for each of the criteria and the final scores are listed in the following table. Ranking Order [15-roposers IScore 1 IEA, Inc. 34 2 Shield Engineering Group, PLLC 32 13 JAECOM Technical Services, Inc. 131 4 tie Arredondo, Zepeda & Brunz, LLC (AZ&B) 29 4 tie JFreese and Nichols, Inc. 29 6 RalffAssociates, Inc. 28 7 Froaddus & Associates 25 8 The Projects Group 24 9 tie McKISSACK 23 9 tie IlProject Control 23 PARD staff then conducted interviews with the three top scoring firms. AECOM Technical Services, Inc., and Shield Engineering Group, PLLC, were selected to provide these staff augmentation services for the next 12-18 months. These agreements are expected to provide project management services for approximately 20 current and planned capital projects as needed, including drainage, erosion control and dredging, trails and community park master planning and development. It will remain in effect until funds are expended or the work is completed. The agreements will allow for renewals, contingent upon City Council approval. Funding for the agreements is budgeted in the PARD's various capital improvement program funds and/or 2022 bond program funds for the purpose of funding current & future capital projects as needed. Some of these projects are included in the 2022 Bond Program. The City's Extendable Commercial Paper Program (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). M/WBE Office - A waiver of the goal for Business Equity subcontracting requirements was requested by the Department and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is a source(s) where subcontracting or supplier opportunities are negligible. The projects are located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the various capital improvement program projects to support the approval of the above recommendation and execution of the professional service agreements. Prior to an expenditure being made, the Park & Recreation Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID I I ID Year (Chartfield 2) FROM Fund Department Account Project I ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Year Jesica McEachern (5804) Dave Lewis (5717) Joel McElhany (5745) 80Staff Extension PM Services Park.xlsx (CFW Internal) AECOM Waiver of Business Equity Goal 04272022.pdf (CFW Internal) SAM AECOM 10252022.pdf (CFW Internal) SAM Shield 10252022.pdf (CFW Internal) Reference # Amount Chartfield 2) ATTACHMENT "A" SCOPE OF SERVICES Project Management Services for Park & Recreation Projects The scope set forth herein defines the work to be performed by the Consultant in completing the project. Both the City and Consultant have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "Consultant" is expanded to include any sub -consultant, including surveyor, employed or contracted by the Consultant. OBJECTIVE The objective is to provide capital project management services for park and recreation projects, from design through construction, as an extension to City staff. The tasks outlined below are examples of duties that may or may not be required to assist the City depending on the complexity and completeness of the projects that are assigned. WORK TO BE PERFORMED Task 1. Assist in Procurement of Design Consultants Task 2. Manage Project Design Process Task 3. Manage Right of Way Acquisition Process Task 4. Manage Project Construction Process Task 5. Project Close-out Basic Assumptions • This scope assumes these services will be required by the City for approximately 12 months or 2080 hours of effort per project manager. The contract assumes 1- 2 Project Managers. • The City will make available needed information on existing and proposed projects in a timely manner. • The presence or duties of Consultant's personnel at the construction site, whether as onsite representatives or otherwise, do not make Consultant or Consultant's personnel in any way responsible for those duties that belong to City's inspection staff and/or the 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, job site safety, means, techniques, sequences, and procedures necessary for City of Fort Worth, Texas Attachment A Page 1 of 5 coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • The Task effort and deliverables outlined under the Scope are subject to change based on City needs and processes. The effort and deliverables are not limited to the items listed for each Task. TASK 1. Assist in Procurement of Design Consultants Description of Work: • Become familiar with the project, available funding, and schedule • Obtain a M/WBE project goal for design services • Prepare a Request for Proposal, and submit to the assigned consultant firm • Review consultant scope, schedule, and fee • Negotiate with the consultant to obtain the appropriate level of scope • Prepare the Mayor and Council communication (M&C) for authorization of contract award • Review the final contract for completeness and route for execution • Issue Notice to Proceed • Maintain documentation of the above process Deliverables: • Recommendation of consultant scope and fee • M/WBE project goal and Contract Compliance Memorandum • M&C for consultant contract • Executed contract • Documentation of the above maintained in hard copy form and electronic form on the City's BIM 360 site. TASK 2. Manage Project Design Process Description of Work: • Act as the City's primary point of contact for internal and external stakeholders • Coordinate with the consultant and City's Capital Program Manager to develop a baseline schedule • Coordinate and conduct public meetings as needed • Schedule meetings as needed with City staff from all departments • Attend weekly staff meeting with the program manager, City PMs, and administrative staff City of Fort Worth, Texas Attachment A Page 2 of 5 • Obtain and review monthly consultant project status reports (PSR) and schedules. Report project status the Capital Program Manager • Update the City's overall project schedule as needed • Review invoices for reasonableness, accuracy, and appropriate charges • Review consultant submittals at 30%, 60%, 90%, and 100% design phases for completeness, constructability, conformance with the Park & Recreation Department design standards • Schedule and lead review meetings of the consultant design submittals with the appropriate departmental staff, and coordinate reviews as needed with other City departments • Schedule project site visits as necessary • Proactively manage change on the project Deliverables: • Monthly status reports • Recommendation of invoice payment • Design review comments • Budget reviews and updates • Schedule updates • Recommendation of amendment scope and fee • Documentation of the above and other project activities, decisions and milestones TASK 3. Manage Right of Way Acquisition Process Description of Work: • Act as task manager for the City's Real Property group staff • Review easement/ ROW and property acquisition documents against the requirements of the design for appropriateness and accuracy • Coordinate with Real Property so appraisals are completed in a timely manner. Review appraisals for completeness • Facilitate review acquisition M&Cs and update budget • Coordinate with the City's Legal Department on Eminent Domain issues • Review Real Property project tracking spreadsheet with estimated easement/ROW costs Deliverables: • Easement/ROW /property acquisition review comments • Appraisal review comments • Acquisition M&C review comments • Budget reviews and updates City of Fort Worth, Texas Attachment A Page 3 of 5 • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site TASK 4. Manage Project Construction Process Description of Work: • Obtain M/WBE construction project goal • Review consultant prepared Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project • Lead pre -bid meeting • Attend Bid Opening • Review consultant's bid tab summary for completeness and accuracy • Review contractor's bid package for conformance with the contract requirements • Recommend successful bidder for contract award • Prepare M&C for authorization to award contract • Coordinate routing of contract books with contract coordinator • Coordinate Storm Water Pollution Prevention Plan with Environmental Department • Issue the Notice to Proceed • Act as the point of contact between the contractor, inspector and consultant • Coordinate and conduct a public meeting at the start of construction • Coordinate with the design consultant on responses to Request for Information and submittal reviews. Maintain hard copies of these documents and ensure consultant is tracking them • Coordinate site visits with the inspector and consultant as appropriate • Ensure contractor and inspector are maintaining as -built mark-ups • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges • Proactively manage change on the project Deliverables: • Advertisement • Recommendation to award contract • M&C for construction contract • Notice to proceed • Budget reviews and updates • Recommendation for change order approval • M&C for change order City of Fort Worth, Texas Attachment A Page 4 of 5 • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site. TASK 5. Project Close-out Description of Work: • Once the storm drainage system is functional and construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant • Coordinate and attend a final walk through with the consultant, inspector, and contractor • Verify final punch list is completed by the consultant • If part of the consultant's scope, coordinate completion of Record Drawings and deliver to the City's record storage (the "vault") in electronic form and in hard copy mylar drawings • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges • Prepare and route reconciliation change order • Recommend final project closure and complete the City's "green sheet" • Purge the files of any unnecessary documents and archive the project Deliverables: • Final punch list • Record drawings • Recommendation of final invoice payment • Expenditure and budget reconciliation • Final closure recommendation "green sheet" • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BIM 360 site City of Fort Worth, Texas Attachment A Page 5 of 5 ATTACHMENT "B" COMPENSATION Project Management Services for Park & Recreation Projects Time and Materials with Rate Schedule Project Compensation A. The CONSULTANT 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 CONSULTANT'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 2023 Rate $/hour 2024 Rate $/hour Principal -In -Charge 265.00 275.00 Program Manager 225.00 235.00 Sr. Project Manager 215.00 223.00 Project Manager 125.00 131.00 Sr. Estimator 215.00 223.00 Estimator 190.00 198.00 Project Controls Manager 140.00 150.00 Project Controller 175.00 182.00 Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to CONSULTANT plus a markup of ten percent (10%). City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 5 LM ATTACHMENT "B" COMPENSATION iv. Budgets. CONSULTANT 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. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay CONSULTANT beyond these limits. If CONSULTANT 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 CONSULTANT 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, CONSULTANT'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 CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The CONSULTANT 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 CONSULTANT, based on the actual hours and costs expended by the CONSULTANT 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 CONSULTANT. C. CONSULTANT 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 CONSULTANT shall prepare and submit to the designated representative of the Parks & Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 5 AM ATTACHMENT "B" COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant AECOM Project Management Services $ 500,000.00 100 Proposed MWBE Sub -Consultants None Non-MWBE Consultants None TOTAL $ 500,000.00 100% Project Number & Name Total Fee MWBE Fee MWBE % $ 500,000.00 $ 0 0 % City MWBE Goal = 0 % Consultant Committed Goal = 0 % City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 5 AM ATTACHMENT `rB" COMPENSATION AECOM Technical Services, Ir 214-676-4965 13355 Noel Road, Suite 400 1178 Pagsphere Circle, Chicago, IL Dallas, TX 75240 60674 CFW Prajest Ararnager 'F&wphi-r�F Prafi-FatJ4Earra Jeff Ha erich Szqqphirs Pfflemad- effre .ha erich aecom.com AVJMLff of Prapat : Invoice Supplier Project No_ Proj- Invoice No. Invoicedate: Period nice Date:From Service Date:To CitS Secretarq Contract #: P_D_ Number: HAme Hours Rate f#lhd Pnnci it -In -Char a Adrian Grimes 0.0 265.00 Pra ram Mana er Jeff Ha erich 0.0 225.00 Pra ect Maria er Melissa Perette 0.0 125.00 Sr. Pra ect Manager Shawn Gas erich 0.0 215.00 Senior Estimator Brett Reddie 0.0 215.00 Estimator TBD 0.0 130.00 Total Labor 0.0 Subcontract Service _ Subcontract Service - <1 examples Ciihrr,orrzrr Cnr��rn - r7 nrti�, r,ln� Subcontractor Subtotal 10 Percent Markup an Subcontract Services Nonlabor Expense Subtotal Total Expenses [Subcontract Services+Markup+Nonlabor Expenses] TOTAL OUE THIS INVOICE City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 5 Amoun $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO-00 $0.00 *0.00 $0.00 $0-00 $0-00 Am, ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Project Management Services for Park & Recreation Projects (1) Article I, Scope of Services - Add to end of Section 3 — "Consultant shall not be held liable for the accuracy or reliability of any partially completed work due to such termination or prior to the time such services are completed." (2) Article II, Compensation — Delete from third paragraph, "or liabilities". Delete from third paragraph, "anything related to, performed or furnished in connection with..." including any act or omission of City in connection with such Services" (3) Article III, Term — Replace first sentence of paragraph with the following "Timeliness of performance is an important material element of this Agreement." (4) Article V, Professional Competence — Add the following language to the end of Article V, "Consultant shall perform the Services in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same locality under comparable circumstances and as expeditiously as is consistent with professional skill and the orderly progress of the Project. The responsibilities of Consultant are not intended to supersede or otherwise replace the contractual obligations reserved for the designer, construction contractor or any other party, including any responsibilities set forth by applicable law." (5) Article VI, Indemnification — Add "AUTHORIZED" prior to AGENTS in second line of paragraph. Add "TO THE EXTENT CAUSED" prior to "BY CONSULTANT'S BREACH" in the seventh line of the paragraph. Add additional language at end of Article VI as follows: " NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY, ITS PARENTS, AFFILIATES AND SUBSIDIARIES OR THEIR RESPECTIVE DIRECTORS OFFICERS OR EMPLOYEES BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND CONSULTANT HEREBY RELEASES CITY AND CITY HEREBY RELEASES CONSULTANT FROM ANY SUCH LIABILITY." City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of 2 (6) Article XIV, Immigration Nationality Act — Insert "AUTHORIZED" prior to "AGENTS" in next to last sentence of paragraph. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 2 of 2 ATTACHMENT "D" PROJECT SCHEDULE Project Management Services for Park & Recreation Projects Not Applied City of Fort Worth, Texas Attachment D PMO Release Date: 05.19.2010 Page I of I ATTACHMENT "E" LOCATION MAP Project Management Services for Park & Recreation Projects Not Applied City of Fort Worth, Texas Attachment E PMO Release Date: 05.19.2010 Page I of I ATTACHMENT F - AECOM INSURANCE SUMMARY General Liability Carrier: ACE American Insurance Company (AM Best rating: A++ XV) Policy Period: 4/l/22 - 4/l/23 Limits: In excess of $10,000,000 per occurrence/$10,000,000 general aggregate Automobile Liability Carrier: ACE American Insurance Company (AM Best rating: A++ XV) Policy Period: 4/l/22 - 4/l/23 Limits: In excess of $5,000,000 CSL Umbrella Liability Carrier: ACE Property and Casualty Insurance Co (AM Best rating: A++ XV) Policy Period: 4/l/22 - 4/l/23 Limits: In excess of $1,000,000 Professional Liability: Carrier: Illinois Union Insurance Company (AM Best rating: A++ XV) Policy Period: 4/l/22 - 4/l/23 Limits: In excess of $2,000,000 per claim/aggregate Workers Compensation/Employers Liability Carrier: ACE American Insurance Company (AM Best rating: A++ XV) Policy Period: 4/l/22- 4/l/23 Limits: Statutory/$2,000,000 Broker for the above coverages: Marsh Risk and Insurance Services, Inc. 777 S. Figueroa Street Los Angeles, California 90017 (213) 346-5082 Actual insurance certificates provided upon contract execution.