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HomeMy WebLinkAboutContract 59130CSC No. 59130 CITY OF FORT WORTH, TEXAS EMERGENCY AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: North Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency — Project No. 104788. 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 $268,623.00 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 1 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 2 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 3 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 4 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 5 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 respondeat 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 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency Standard Agreement for Engineering Related Design Services City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 7 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency Standard Agreement for Engineering Related Design Services City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 9 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 10 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 11 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER 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 Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 12 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 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 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency Standard Agreement for Engineering Related Design Services City Project Number 104788 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 — Project Location Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH William Johnson (M 28, 2023 11:55 CDT) William Johnson Assistant City Manager Date: Mar 28, 2023 ATTEST: �p Qm,.n_mezc, Ai.1tx_h, o a Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren Prieur (Mar 23, 2023 08:56 CDT) Lauren Prieur Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY By: DBlack (Mar 27, 2023 13:33 CDT) Douglas W Black Sr. Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 14 of 15 BY: ENGINEER Freese & Nichols, Inc. Vimal Nair, PE Vice President Date: Mar 21, 2023 on the date Form 1295 No. 2023-994127 M&C No.:N/A (attached 03/13/23 memo) M&C Date:N/A (attached 03/13/23 memo) N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 OFFICIAL RECORD 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. Tariqul Islam (Mar 21, 202314:11 CDT) Tariqul Islam Graduate Engineer City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: November 23, 2021 Page 15 of 15 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 FORT WORTH ATTACHMENT "A" Scope for Enaineerina Design Related Services for Study Services for MSE Wall and Embankment Investigation and Repair STUDY AND DESIGN SERVICES FOR N. RIVERSIDE DRIVE BRIDGE MSE WALL & EMBANKMENT REPAIR -EMERGENCY CITY PROJECT NO.: 104788 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. OBJECTIVE The professional services set out herein are associated with inspection and analysis of the pavement failure, subgrade failure, and MSE wall distress at the South approach of the Riverside Bridge over IH-820 (NBI 022200000814521). The objective of this project is to determine the likely source of the pavement/subgrade failure and wall distress, discuss possible corrective measures, and develop an engineering solution for the repair of the distressed wall and pavement/subgrade. The nature of the repair to be designed will not be known until after field inspection, data collection, and conceptual design. BASIC SERVICES Task 1. Project Management Task 2. Field Inspection & Data Collection Task 3. Conceptual Design Task 4. Preliminary Design Task 5. Final Design and Construction Document Preparation Task 6. Bid Phase Services — None Task 7. Construction Phase Services Task 8. ROW/Easement Services Task 9. Design Survey All work required will be covered by this Agreement. TASK 1. PROJECT MANAGEMENT. ENGINEER shall ensure efficient and effective use of ENGINEER's and CITY's time and resources. The ENGINEER shall 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 and resources. • Implement a quality management plan for performance of the work. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 1 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair — Emergency CPN: 104788 1.2. Communications and Progress Reporting • Attend project kickoff/chartering meeting with CITY staff to confirm and clarify scope, understand CITY objectives, and ensure economical and functional designs that meet CITY requirements. • Conduct up to 6 progress review meetings with the CITY. • Prepare invoices and submit monthly in the format acceptable to the CITY. • Prepare and submit monthly progress reports in the format provided by the CITY. • 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 agencies and entities as necessary to perform proposed services. • 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 • 1 kickoff meeting with City staff. • 6 virtual progress review meetings with City staff. • Monthly progress reports and schedule updates will be prepared for project duration. DELIVERABLES • Meeting summaries with action items. • Monthly invoices. • Monthly progress reports. • Monthly M/WBE Report Form and Final Summary Payment Report Form. TASK 2. FIELD INSPECTION & DATA COLLECTION. The Study Report shall be submitted to CITY per the approved Project Schedule. The purpose of this Task is for the ENGINEER to perform a site inspection and conduct studies to collect relevant field data at the distressed MSE wall. 2.1. Site Inspection • Visit the Project site and perform a visual inspection of the wall and wall components, the pavement at the top of the wall and at the base of the wall, the traffic barrier at the base of the wall, and visible drainage components. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 2 of 11 Page 2 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • Field document findings and collect representative photo -documentation. 2.2. Data Collection • Coordinate subconsultants for selected Special Services. • The ENGINEER will seek to obtain data from the CITY, including, but not limited to CAD files and record drawings. 2.3. CCTV Inspection of Drainpipe • Engage a licensed plumbing firm to perform an inspection of the MSE wall drainpipe and storm sewer in front of MSE wall if accessible. • Advance a remotely controlled video camera into and out of the drainpipe and collect continuous video footage of the inspection. The footage will include a relative distance stamp so that observations can be correlated with location. • Provide an electronic copy of the video inspection. 2.4. Geophysical Survey • Engage a Geophysics firm to provide onsite services. • Perform ground penetrating radar of the wall system below the pavement at the top of the wall. 2.5. Initial Land Surveying • Engage a licensed Land Surveyor to perform a survey of the Project. • Establish survey controls and collect coordinate data for points of interest on and around the MSE wall system and roadway. 2.6. Periodic Surveying Monitoring • Provide six (6) monthly collection of coordinate data for selected survey points during investigation and study services outlined herein to capture any potential wall movement. • Provide a sealed drawing and CAD base file documenting the land survey at the completion of the study. 2.7. Geotechnical Investigation • Engage a geotechnical engineering firm to perform a Geotechnical Investigation. • Locate two (2) borings at the top of the grade separation within the existing pavement limits. Each boring will be located behind the "reinforced zone" to characterize the earthfill used within the "retained zone." • Provide one (1) day of traffic control and/or a temporary road closure for the safe performance of field activities. • Advance two (2) geotechnical borings to a depth sufficient to locate and characterize the underlying bedrock. The estimated borehole depth is 35 to 45 feet below the top of pavement. Collect intermittent samples from each borehole and estimate the pavement thickness to the nearest whole inch. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 3 of 11 Page 3 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • Protect and store intermittent soil samples from each borehole and transport them to the geotechnical laboratory for testing and sample review. • Perform laboratory testing of samples to characterize and classify the materials and determine their engineering properties with regard to wall stability. • Compile a Geotechnical Data Report (GDR) that describes and summarizes the field and laboratory activities. ASSUMPTIONS • Electronic submittals of data and reports are acceptable. DELIVERABLES • Reports and/or data resulting from data collection. Files created from the field activities will be uploaded to the designated project folder in BIM 360. TASK 3. CONCEPTUAL DESIGN. The Conceptual Design shall be submitted to CITY per the approved Project Schedule. The purpose of the conceptual design is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. 3.1. Engineering Analysis: • Review of Record Data provided by the CITY. • Review of the record and new exploration data and the development of geotechnical engineering parameters. • Perform a global and external stability analysis of existing walls 700 and 701. • Assess potential failure components related to the pavement section and/or pavement subgrade. 3.2. The Conceptual Design Package shall include the following: • Summary engineering report that presents the results of the study and presents a discussion of feasible recommendations for repair with key design decisions. • Graphic exhibits and brief summary of repair recommendations • Documentation of key design decisions • The report will include supporting figures documenting the fieldwork and will attach deliverables from the subconsultants. • Opinions of probable construction cost ASSUMPTIONS • ENGINEER shall not proceed with completion of the Final Report before receiving Draft Report review comments from the CITY. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 4 of 11 Page 4 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • Files created from the field activities will be uploaded to the designated project folder in BIM 360. DELIVERABLES • Draft and final conceptual design report with appended data in PDF format. TASK 4. PRELIMINARY DESIGN (75 PERCENT). Upon CITY approval of the design concept, ENGINEER will develop preliminary design plans as follows: • Preliminary Cover Sheet and index of sheets including project limits, area location map and beginning and end station limits. • Quantity Summary Sheet. • Project General Notes Sheet. • Plan and Profile Sheets for areas of MSE wall repair. • MSE wall repair detail Sheets. • Pavement reconstruction typical section and layout. • Estimates of probable construction cost. • A list of TxDOT Standard Specifications used for the project. ASSUMPTIONS • A PDF and DWF file for the 75% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. DELIVERABLES • Preliminary Design drawings. • Preliminary estimates of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable. TASK 5. FINAL CONSTRUCTION DOCUMENTS (100%). Upon approval of the Preliminary plans, ENGINEER will develop construction plans as follows: • Following a 75% construction plan review meeting with the CITY, the ENGINEER shall submit Construction Documents (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. • A Quantity Summary page will be included in the 100% design packages. Each design sheet of those package shall include a quantity take off table. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 5 of 11 Page 5 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • The ENGINEER shall submit an estimate of probable construction cost with the 100% design packages. This estimate shall use standard CITY or TxDOT bid items, as applicable. ASSUMPTIONS • TxDOT Standard Specifications will be referenced but not provided. • Contracting documents including Division 00 and 01 specifications are the responsibility of the CITY and not included in the scope of this project. • Traffic Control Plan will not be developed as part of this Contract but will be responsibility of CITY's chosen construction Contractor. • A PDF and DWF file for the 100% Design will be created from design CAD drawings and will be uploaded to the project folder in BIM360. DELIVERABLES • 100% plans and specifications. • Estimate of probable construction costs including summaries of bid items and quantities using the CITY's or TxDOT's standard bid items and format, as applicable. TASK 6. BID PHASE SERVICES. None. TASK 7. CONSTRUCTION PHASE SERVICES. ENGINEER will support the CITY'S construction inspection activities during the construction phase of the PROJECT as follows. 7.1. Construction Support • The ENGINEER will attend the preconstruction conference. • Make up to eight (8) site visits at intervals as directed by CITY to observe the progress of the work. o Such visits and observations by ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are limited to spot checking, selective measurement, and similar methods of general observations of the Work based on ENGINEER's exercise of professional judgement. Based on information obtained during such visits and such observations, ENGINEER will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the Work at the time of each site visit. o The purpose of the ENGINEER's site visits will be to enable ENGINEER to better carry out the duties and responsibilities specifically assigned in this City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 6 of 11 Page 6 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 Agreement to ENGINEER, and to provide CITY with a greater degree of confidence that the completed Work will conform in general to the Contract Documents. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor for safety precautions and programs incident to Contractor's work, nor for any failure of the Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of a Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. • Progress Meetings o Attend bi-weekly meetings (up to 8) and visit the site for observation at that time. • Shop drawing, samples and other submittals review o Review up to five (5) 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. o Such reviews, approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs and 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. o Log provided shop drawings, samples, and other submittals. • Substitutions o Evaluate and determine the acceptability of up to five (5) substitute of "or - equal" materials proposed by the Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of the state or the CITY. • Requests for Information (RFI) o Provide necessary interpretations and clarifications of contract documents, and make recommendations as to the acceptability of the work for up to five (5) RFI submittals. ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to CITY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by CITY. • Change Orders City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 7 of 11 Page 7 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 o Provide support for up to two (2) Change Orders as requested by the CITY. Change Order support may include review and recommendations to the CITY for the execution of change orders. • Final PROJECT Walk Through o Final PROJECT Walk Through is in addition to site visits listed above o Attend the "Final" PROJECT walk through and assist preparation of the final punchlist. Attend one (1) final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents. • ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. • Record Drawings o 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: • Red -Line Markups from Contractor • Red -Line Markups from City Inspector • Copies of Approved Change Orders • Approved Substitutions o 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. o The ENGINEER shall submit a set of sealed Final Drawings, modified and stamped as Record Drawings in PDF format and in DWF format. 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 digital files. ASSUMPTIONS • Refer to number of submittal review events noted above DELIVERABLES • Response to Contractor's Request for Information • Review of Change Orders City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 8 of 11 Page 8 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • Review of Shop Drawings • Final Punch List Items • Record Drawings in digital format TASK 8. ROW/EASEMENT SERVICES. ENGINEER will support and perform activities related to ROW and land as outlined below, per scoping direction and guidance from the CITY's Project Manager. 8.1. Right -of -Way Research • The ENGINEER shall determine rights-of-way/easements needs for construction of the project. Required temporary and permanent easements will be identified based on available information and recommendations will be made for approval by the CITY. 8.2. Right-of-Way/Easement Preparation and Submittal. • The ENGINEER shall prepare documents to be used to obtain right-of-way and permanent and/or temporary easements required to construct the improvements. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. ASSUMPTIONS • Right -of -Way research includes review of property/right-of-way records based on current internet-based Tarrant Appraisal District (TAD) information available at the start of the project and available on -ground property information (i.e. iron rods, fences, stakes, etc.). It does not include effort for chain of title research, parent track research, additional research for easements not included in the TAD, right-of-way takings, easement vacations and abandonments, right-of-way vacations, and street closures. DELIVERABLES • Three (3) easement exhibits and meets and bounds provided on CITY forms. TASK 9. SURVEY. ENGINEER will provide survey support as follows. 9.1. Design Survey • ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information needed by ENGINEER in design and preparation of plans for the project. Information gathered during the survey shall include topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations, location of buried utilities, structures, trees (measure caliper, identify overall canopy, and have qualified arborist identify species of trees), and other features City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 9 of 11 Page 9 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 relevant to the final plan sheets. Existing drainage at intersections will be verified by field surveys. Spot elevations will be shown on intersection layouts with cross slope to fit intersecting grade lines. • ENGINEER will gather the LIDAR data (contour information) from USGS. The LIDAR contour information will be used for the survey within TxDOT's IH 820 right-of-way. • The minimum survey information to be provided on the plans shall include the following: • 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 about 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 (Ex. 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). • Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, Valves, etc., in the same coordinate system, as the Control. • No less than two horizontal bench marks, per line or location. • Bearings given on all proposed centerlines, or baselines. • Station equations relating utilities to paving, when appropriate. 9.2. Temporary Right of Entry Preparation and Submittal • Prior to entering property, the ENGINEER shall prepare, mail and obtain Temporary Right of Entry from landowners. • The documentation shall be provided in conformance with the checklists and templates available on the CITY's BIM360 site. DELIVERABLES • Copies of the field survey data and notes signed and sealed by a licensed surveyor ADDITIONAL SERVICES Additional Services Not Included in the Scope of Services: The CITY and ENGINEER agree that the following services are beyond the Scope of Services defined herein. 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: City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 10 of 11 Page 10 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 • Services related to development of the CITY's project financing and/or budget. • 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. • Alternatives analysis beyond those described. • Environmental services. • Piezometers for ground water measurements. • Specialty geotechnical drilling rig or other equipment for site access. City of Fort Worth, Texas Attachment A Release Date: 07.22.2021 Page 11 of 11 Page 11 of 11 N. Riverside Drive Bridge MSE Wall & Embankment Repair— Emergency CPN: 104788 ATTACHMENT B COMPENSATION Study and Design Services for N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project No. 104788 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 Cateaory Rate for the ENGINEER's team member performing the work. Labor Cateaory 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 Rate ($/hour) Professional 1 127 Professional 2 152 Professional 3 173 Professional 4 200 Professional 5 232 Professional 6 266 Construction Manager 1 109 Construction Manager 2 136 Construction Manager 3 146 Construction Manager 4 184 Construction Manager 5 221 Construction Manager 6 253 Construction Representative 1 98 Construction Representative 2 109 Construction Representative 3 136 Construction Representative 4 146 CAD Technician/Designer 1 108 CAD Technician/Designer 2 140 CAD Technician/Designer 3 172 Corporate Project Support 1 103 Corporate Project Support 2 123 Corporate Project Support 3 165 Intern / Coop 63 Senior Advisor 175 City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency CPN 104788 B-1 ATTACHMENT B COMPENSATION ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency CPN 104788 B-2 III. Progress Reports A. ATTACHMENT B COMPENSATION The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Prime Consultant Freese and Nichols, Inc Primary Responsibility Site visit, investigation analysis, repair recommendation, design, construction support Proposed MBE/SBE Sub -Consultants Gorrondona and Associates Proposed non-MBE/SBE Engineering Consulting Services, Ltd Ace Pipe Cleaning Gehrig, Inc Service Type Basic Initial project survey and Basic periodic monitoring, design survey Sub -Consultants Geotechnical borings, report, and consulting Video inspection of drainpipes Geophysical surveying Project Number & Name CPN 104788 — Riverside Dr MSE Wall Inspection and Repair Total City MBE/SBE Goal = N/A% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 Total Fee $268,623.00 Basic Basic Fee Amount yo 189,973.00 70.7 37,100.00 13.8 20,050.00 7.5 10,000.00 3.7 Basic 11,500.00 4.3 TOTAL $ 268,623.00 100% MBE/SBE Fee MBE/SBE % 1 $37,100.00 13.8% Consultant Committed Goal = 10 % N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency CPN 104788 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency CPN 104788 B-4 Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Study and Design Services for CPR '04788-N. RIVERSIDE DRIVE BRIDGE MSE WALL 8 EMBANKMENT REPAIR -EMERGENCY Task DescrIplIon imernal lockoffmeetinu Ballay Watson sZErt. svre 12d External kickoff meet. 2 al:r11;ioinc:=37sc„aclule tment : One Paue Repots I Periodic e:00 Z"'°un'n Develoo [mall...clement olan 13.0 Basle 1116 2 0 '`Iele insoacUon and Data Calleenee =O=rrelew j314 323. no 1 ssor ' su'e sum sno 3175 ==onna 6 events 2 Ec=ey = sze' sum 5136 14BENVBE 140,1.11620X16I ! 6,76.e7/1 E7e7nnare=tabllitv analvals 1 of finchnos drall 1 Report IOC Reoort linchnos 7'577:1aD;'l P k uo . comments r= al dm 75, ew "Mao 100 06 damn don 21 OM ==0. ,fla 1, re ea6m m 16 10 IH -14 366 .1 Expense Cost Basic Spa, Services Ser.. T.I Total 818SISISSISISMISISI 31 464 S4 BIS S990 31 152 Si 152 $932 33 003 31 998 S932 S3 030 SI 990 SO SO SO SO SO SO SO SO 12 617 32 502 S4 284 slo,rus S11 913 15 113 S10,613 S17 963 S3 564 so S26 042 39,242 S10 510 S2 660 12 686 11 U4 so 352919 S2 85S 35 590 S2 502 34 234 310 413 311 913 35 113 318 613 317 983 So so SO So SO SO SO so 39,342 310 519 s2.o. SI 034 SO So SO SO SO so Sal 206 S2 862 S5 590 so S1 544 S1.461 Vele S22 506 S3 592 $3,602 SO SI 544 122 500 32 592 33,602 so SO so SO So SO SO SO El 33 916 S3 130 S1.266 32 730 S1 492 $3,136 32 130 31,265 St 730 31.492 33,130 SO SO So SO SO So SO SO a,p SO So $16 000 .16,0L0 7S.OS0 SIB 080 s,omo S.0,750 er.j:21 co.,, 319 880 $259.102 So SUMMARY OF PROPOSAL CPN 104788-N. RIVERSIDE DRIVE BRIDGE MSE WALL & EMBANKMENT REPAIR -EMERGENCY Firm (Primary Responsibility Prime Consultant Freese and Nichols, Inc. IProlect Management and Design Services Fee Amount I Ok I $189,973.00J 70.7% Prime Consultant Total: $189,973.0 170.7% MBE/WBE Sub -Consultants Gorrondona and Associates $37,100.00 13.8% (Non-MBE/WBE Consultants Engineering Consulting Services, Ltd Ace Pipe Cleaning Gehrig, Inc MBE/WBE Sub -Consultants Total: $37,100.00 13.8% $20,050.00 $10,000.00 $11,500.00 Non-MBE/WBE Consultants Total: $41,550.00 15.5% TOTAL City of Fort Worth, Texas Attachment B - Level of Effort Supplement PMO Official Release Date: 8.09.2012 $268,623.00I 100.00% 2 of 2 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for N. RIVERSIDE DRIVE BRIDGE MSE WALL & EMBANKMENT REPAIR -EMERGENCY City Project No. 104788 NONE City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I N. Riverside Drive Bridge MSE Wall & Embankment Repair -Emergency City Project Number 104788 ID Task Task Name 0 Mode 1 . CPN104788 310 days? Fri 2/10/23 Wed 5/1/24 2 Proposal .31days? Fri 2/10/23 Fri 3/24/23 3 . COFW Request for Site Visit 1 day? Fri 2/10/23 Fd 2/10/23 4 r. FNI Site Visits Z days Mon 2/13/23 Tue 2/14/23 . COFW Investigation Scope/Fee 1 day? Wed 2/15/23 Wed 2/15/23 4 Requested 6 . Prepare Initial Scope/Fee 3 days Thu 2/16/23 Tue 2/28/23 7 . COFW Review '3 days Wed 3/1/23 `Fd. 3/3/23 6 8 . COFW Request for Investigation 1 day? Mon 3/6/23 7olon 3/6/23 7 and Design Scope/Fee 9 . Prepared Revised Scope/Fee 10 COFW Review 11 Emergency Procurement Approval 12 . Develop Proposal 13 . Submit Proposal 14 Proposal Review 15 Notice to Proceed 16 .. Project Initiation 17 . Project Setup 18 . Get Sulu under Contract 19 . Kickoff Meetings (week of) 20 •. Field inspection and Data Collection `3 days 2 days i days North Riverside Dr MSE Wall Investigation and Repair Finish Predecessors mery. 1Ma M1 May lu a uN Aug x[ rSep[em r O<rob r lN tuber �Dmm r Ilanus ns >n> >,w >,>e T vc I VIP I Rn41 v>a P:o I AR I AAA' aqR aai 1 sn I 411,11 [n1 I v>R f a. I am ena I ens >,> 17R I Ina 17,7 17,v, Y a,e I an7 I Aim I an> 4n rv,n I an7 I one ,nn f,nnr inns Inn>I,n i un i„n>i„na i,,,Ml ,>nbf,>nn I13n> I,>n.l,na, Tue 3/7/23 Thu 3/9/23 3 Fri 3/10/23 Mon 3/13/23 9 Mon 3/13/23 'olon 3/13/23 10 Z days Tue 3/14/23 Wed 3/15/23 11 1 day? Thu 3/16/23 Thu 3/16/23 12 days Fri 3/17/23 Thu 3/23/23 13 1 day? Fri 3/24/23 Fri 3/24/23 14 10 days Mon 3/27/23 Fri 4/7/23 2 days Mon 3/27/23 Fri 3/31/23 15 5 days Mon 3/27/23 Fd 3/31/23 15 days Mon 4/3/23 Fd 4/7/23 17 30 days? Mon 4/10/23 Fri 5/19/23 16 21 . Site inspections 1 day? Mon 4/10/23 Mon 4/10/23 19 '5 `M 22 . Record data review days Tue on 4/17/23 '221 23 Drainpipe CCTV Inspection 15 days 'Mon 4/10/23 Fri 4/28/23 17 24 in Geophysical Ground Penetraing 15 days Mon 4/10/23 'Fri 4/28/23 17 Radar Survey 25 •. Initial Land Survey 10 days Mon 4/10/23 Fri 4/21/23 17 26 . Geotechnical Exploration and "30 days 'Solon 4/10/23 Fri 5/19/23 17 Reporting 27 . Review new field data "3 days 'Solon 5/1/23 Fri 5/5/23 '23,24,25 28 . Conceptual Design 30 days? Mon 5/8/23 Tue6/20/23 29 . External & global stability 10 days Mon 5/8/23 Fri 5/19/23 37 analysis 30 . Prepare Draft Report and 10 days Mon 5/22/23 `Mon 6/5/23 39 Recommendations 31 . Report Internal QC 3 days 'Tue 6/6/23 Tue 6/13/23 "30 32 . Address QC Comments 2 days Wed 6/14/23 Thu 6/15/23 31 33 . Submit Final Report to City 1 day? Fri 6/16/23 Fri 6/16/23 "32 34 . Review Meeting to Select Repair 1 day? Tue 6/20/23 Tue 6/20/23 33 35 . 75% Preliminary Design 44 days? Wed6/21/23 Tue8/22/23 '28 36 . Develop 75% does 30 days Wed 6/21/23 Wed 8/2/23 34 37 75% Internal QC o days Thu 8/3/23 Thu 8/10/23 "96 38 Pick up QC comments "3 days Fr18/11/23 Tue 8/15/23 "37 39 . Submit 75% doos to Client 1 day? Wed 8/16/23 Wed.8/16/23 38 40 `N Client reviews 75% docs "3 days Thu 8/17/23 on 8/21/23 "39 41 . 75% review meeting 1 day? Tue 8/22/23 Tue 8/22/23 40 42 . 100% Design - Issue for 35 days? Wed 8/23/23 Wed 9/27/23 Construction 43 Develop 100% design dots 15 days Wed 8/23/23 Wed 9/13/23 41 44 . 100% internal QC 3 days Thu 9/14/23 Thu 9/21/23 43 45 . Pick up QC comments i`3 days Fri 9/22/23 Tue 9/26/23 44 46 . Submit 100% 5&5- Issue for 1 day? Wed 9/27/23 Wed 9/27/23 45 Construction 47 W. COFW Construction 150 days Thu 9/28/23 Wed 5/1/24 46 r Lei Project CPN 104788 Date:Thu 3/16/23 2:35 PM Task Split Milestone • Summary Inattrve Milestone o our/Won-only I Start -only C External Milestone ♦ Manual Progress Protect Summary 5 Inactive Summary 5 ManualSummary Rollup nnisn-only 3 Deadline i Inactive Task Manual Task g- Manual5ummary External Tasks Progress CPN 104788- Project Schedule mpp Attachment D Page 1 of 1 Attachment E North Riverside Drive City Project No. 104788 Project Location North Riverside Drive CPN 104788 MAPSCO 49M FORT WORTH® r� �NICHOLS 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 bythe commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 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. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. g• 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. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincident with or prior to the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 FORT WORTH INTEROFFICE MEMORANDUM Date: March 9, 2023 To: William Johnson, Assistant City Manager From: Lauren Prieur, P.E., TPW Director Subject: MSE WALL AND EMBANKMENT INVESTIGATION AND REPAIR ON NORTH RIVERSIDE DRIVE BRIDGE OVER IH-820 SOUTHERN EMBANKMENT -EMERGENCY RESPONSE On January 18, 2023, TPW-Street Operations investigated the report of a pothole on North Riverside Drive located in the roadway south of the bridge structure over IH-820. TPW-Street Operations found a large void under the pavement and closed the lane that contained the void. This section of North Riverside Drive Bridge is located on embankment with Mechanically Stabilized Earth (MSE) walls. The MSE walls, embankment, HMAC pavement and associated drainage are the responsibility of the City of Fort Worth, as stated in the TxDOT Advanced Funding Agreement (City Secretary No. 44313). After further discussions with TPW-Street Operations it was determined that an engineering investigation is necessary to properly determine the cause of the pavement failures given the proximity of the MSE walls. Freese and Nichols, Inc conducted site visits on February 13th and 15th at the request of TPW. The preliminary visual inspections indicate possible migration of the embankment soil into the MSE wall drainage system or into the MSE wall rock structure. Both of these potential issues could possibly continue to degrade the roadway structure supported by the MSE walls. Additionally, there are potential signs of lateral movement in the eastern portion of the MSE wall near the area of concern. The recommended solution is to immediately proceed with geotechnical investigation, including CCTV, and analysis of the embankment and MSE wall structure. Design of an engineering solution will proceed directly following the geotechnical investigation. Repairs will be performed as deemed appropriate and construction will be initiated immediately upon completion of the design. It is not possible to identify a contractor at this time. A contractor will be selected based on the nature and degree of the recommended repairs. This memorandum will be amended to authorize an appropriate contractor for the repairs. The geotechnical investigation and design will be performed by Freese and Nichols, Inc. Waiting to award a design contract to perform this work is not in the best interest of the health and safety of the citizens of the City of Fort Worth. Chapter 2, Article I, Section 2-9 of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents; and procurements necessary because of unforeseen damage to public machinery, equipment, or property. This memo is submitted to request authorization for emergency procurement of engineering services to repair the roadway embankment on the southern side of North Riverside Drive bridge. It is estimated that the engineering cost associated with this emergency repair may cost approximately $268,623.00. A ratification M&C will be provided after the work has been completed and all final costs have been ascertained. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Approved as to form and Legality: Approve: Lauren Prieur (Mar 9, 2023 16:09 CST) Lauren Prieur, P.E., TPW Director DBlack (Mar 11, 202314:17 CST) Douglas W. Black, Sr. Assistant City Attorney Jo Gunn Mar 13, 2023 10:23 CDT) Jo Ann Gunn, Chief Procurement Officer William Johnson (Ma 13, 2023 15:17 CDT) Approve: William Johnson, Assistant City Manager Field Observations Exhibit CPN: 104788, N. Riverside Dr Bridge MSE Wall and Embankment Repair - Emergency "'3/8" CRACK IN TOP RAILING JOINT WIDE TRANSVERSE CRACKING IN PAVEMENT AND CURB "1/4WIDE CRACK IN TRAFFIC BARRIER FIELD OBSERVATIONS 02/13/2023 VOIDS IN NB LEFT LANE. MEASURED DEPTH VARIES FROM 1' UP TO S' FORT WORTH. FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: N Riverside Dr Bridge MSE Wall and Embankment Repair - Emergency M&C: CPN: 104788 CSO: DOC#: Date: To: Name Department Initials Date Out 1. Valentina Riera TPW - initial 1 Mar 21, 2023 2. Freese & Nichols Consultant - signature � . Mar 21, 2023 3. Tariqul Islam TPW - signature - Mar 21, 2023 4. Omar Elbagalati TPW - initial o Mar 21, 2023 5. Leon Wilson TPW - initial La) Mar 21, 2023 6. Michael Owen TPW - initial M Mar 23, 2023 7. Lauren Prieur TPW - signature eif Mar 23, 2023 8. Doug Black Legal - signature dwb Mar 27, 2023 9. William Johnson CMO - signature W_ Mar 28, 2023 10. Jannette Goodall CSO - signature Mar 28, 2023 11. TPW Contracts TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts ALSO List: - Bus Sppt: Valentina Riera • Prg Mgr: Omar Elbagalati Sr CPO — Leon Wilson DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Depailnients requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: DYES No RUSH: OYES No SAME DAY: OYES No NEXT DAY: OYES ❑No ROUTING TO CSO: ®YES No Action Required: ❑ Attach Signature, Initial and Notary Tabs U As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify TPWContracts(a,fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!