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HomeMy WebLinkAboutContract 59770CSC No. 59770 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Baird, Hampton & Brown, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: PARD Drainage & Erosion Study — Project No. CPN 104536. 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 $450,000.00 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 1 of 15 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 5 of 15 effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 9 of 15 D. Termination (1) This AGREEMENT maybe 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 10 of 15 property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 12 of 15 ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code4as 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 PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 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 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: J u l 14, 2023 nn rot FOR. 4; ATTEST: a° ate° °9dp Pig $�1P ` yp P°o ao o l oaan oeza544p Jannette Goodall City Secretary APPROVAL RECOMMENDED: Byfio,e fo-, Dave Lewis Interim Director Park & Recreation Department BY: ENGINEER Baird, Hampton & Brown, Inc. John Austin Baird, PE John Austin Baird, PE (Jul 2, 2023 11:22 CDT) John Austin Baird, PE Principal, Senior Civil Engineer Date: Jul 2, 2023 SP APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2023-990093 By. Jeremy Anato Mensah M&C No.: 23-0509 Assistant City Attorney M&C Date: 06-13-2023 City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 14 of 15 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. Michael Wellbaum, PE Project Manager City of Fort Worth, Texas PARD Drainage & Erosion Study Standard Agreement for Engineering Related Design Services CPN 104536 Revised Date: November 23, 2021 Page 15 of 15 ATTACHMENT "A" Scope for Enaineerina Design Related Services for Park & Recreation Proiects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub -consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE The objective of the work to be performed under this Agreement is to clearly define the goals, objectives and scope of work required to inventory the waterways within the City of Fort Worth Parks system so that a prioritized list of future projects including erosion control projects, banks stabilization and pond dredging can be developed for the waterways contained within the city parks system. WORK TO BE PERFORMED Task 1. Design Management Task 2. Data Collection Task 3. Scope Development Task 4. Waterway Study and Assessment TASK 1. DESIGN MANAGEMENT. ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER's and CITY's time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Managing the Team • Lead, manage and direct design team activities • Ensure quality control is practiced in performance of the work • Communicate internally among team members • Task and allocate team resources 1.2. Communications and Reporting • Attend a pre -design 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. • Attend two (2) field meetings with CITY representatives, prior to the Scope Document submittal. • Conduct and document monthly project update meetings with CITY Project Manager. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 5 • Conduct review meetings with the CITY at the end of each design phase. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. • Complete Monthly M/WBE Report Form and Final Summary Payment Report Form at the end of the project. • Coordinate with other agencies and entities as necessary for the design of the proposed infrastructure and provide and obtain information needed to prepare the design. • With respect to coordination with permitting authorities, ENGINEER shall communicate with permitting authorities such that their regulatory requirements are appropriately reflected in the designs. ENGINEER shall work with regulatory authorities to obtain approval of the designs, and make changes necessary to meet their requirements, as part of the design scope. • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub -consultants shall carry readily visible information identifying the name of the company and the company representative. ASSUMPTIONS • One (1) pre -design project kickoff/chartering meeting • Two (2) field review meetings • 6 monthly project update meetings during scoping phase All submittals to the City will be Quality checked prior to submission. • 6 monthly updates of Project Status Reports, MWBE forms, and project Schedule. DELIVERABLES A. Meeting summaries with action items B. Monthly invoices C. Monthly progress reports D. Baseline design schedule E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes F. Monthly M/WBE Report Form and Final Summary Payment Report Form City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 5 TASK 2. DATA COLLECTION The purpose of the Data Collection is for the ENGINEER to identify, develop, communicate through the defined deliverables, and recommend the design concept that successfully addresses the design problem, and to obtain the CITY's endorsement of this concept. ENGINEER will utilize concepts and criteria contained in the current CITY — iSWM Criteria Manual for Site Development and Construction for conceptual planning and design. ENGINEER will develop the conceptual design of the infrastructure as follows" 2.1. Data Collection In addition to data obtained from the CITY, ENGINEER will research and make efforts to obtain pertinent information to aid in coordination of the proposed improvements with any planned future improvements that may influence the project. ENGINEER will also identify and seek to obtain data for existing conditions that may impact the project including; utilities, agencies (such as TxDOT and railroads), CITY Master Plans, CITY drainage complaint files, existing applicable drainage studies, FEMA floodplain and floodway maps, existing models of project area (if any) and property ownership as available from the Tax Assessor's office. • ENIGEER shall attend a project scoping meetings with Fort Worth Storm Water and Fort Worth Parks Department staff to transfer data and discuss details of previous projects associated with Small Dams and Lake Risk Assessments. ASSUMPTIONS • Two (2) field review meetings • Two (2) meetings with City Staff. DELIVERABLES A. Documentation of key design decisions (Project Decision Log). B. Documentation of Data Collected TASK 3. SCOPE DEVELOPMENT ENGINEER will develop the scope and fee documents for the waterway assessment and risk prioritization for existing waterways contained with the City of Fort Worth Parks system. 3.1. Scope Development shall include the following: • Establishing parameters of waterway to be included in the assessment and risk prioritization project. • Establishing methods and documentation requirements for field assessments • Establishing criteria for risk assessments of the existing waterways • Establish criteria for proposed improvement projects • Establish methodologies for prioritization of proposed improvement projects 3.2. Fee Development shall include the following: City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 5 • Development of project Level -of -Effort Spreadsheets for the waterway assessment and risk prioritizations of existing conditions and conceptual improvements with conceptual engineers' opinions of probable construction costs. 3.3. Schedule Development shall include the following: • Development of project schedule from inception to completion of the waterways assessment and risk prioritization of existing conditions and conceptual improvements with conceptual engineer's opinions of probable construction costs. ASSUMPTIONS ENGINEER shall not proceed with Waterway Assessments and risk prioritization activities without written approval by the CITY of the proposed scope and fee documents. DELIVERABLES A. Project Scope, Attachment A, for final waterway assessment and risk prioritization project B. Project Fee, Attachment B, and supporting documentation for final waterway assessment and risk prioritization project C. Project Schedule, Attachment D, and supporting documentation for final waterway assessment and risk prioritization project. D. Documentation of key design decisions (Project Decision Log) TASK 4. WATERWAY STUDY & ASSESSMENT ENGINEER will conduct a study of the waterways contained with the City of Fort Worth Parks system based upon the criteria defined in Task 3: Scope Development. 4.1. Site Assessment shall include the following: • Engineer shall perform site visits and document the existing conditions of the waterway per the criteria established in Task 3: Scope Development. 4.2. Risk Assessment shall include the following: • Engineer shall, based on the criteria established in Task 3: Scope Development, assess the risks associated with the existing conditions documented during the site assessments and anticipated future degradation of the waterway system. 4.3. Improvement Prioritization shall include the following: • Engineer shall, based on the criteria established in Task 3: Scope Development, create a prioritized list of future improvements. 4.4. Concept Planning shall include the following: • Engineer shall, based upon the prioritized improvements and criteria established in Task 3: Scope Development, develop concept improvement plans and budgetary estimates for future park improvement projects. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 5 ASSUMPTIONS • ENGINEER shall not proceed with Waterway Study and Assessment without written approval by the CITY of the proposed scope and fee documents. DELIVERABLES A. Site assessment report with photo documentation of the existing conditions and risk assessment narrative for each of the studied of the waterways within the City of Fort Worth Parks system per the scope defined within Task 3. B. Prioritization report of the studied waterways based upon the criteria established within Task 3. C. Conceptual construction plans and budgetary estimates for future park improvement projects per the scope defined within Task 3. Additional Services not included in the existina Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Geotechnical Engineering Report • Geomorphologic Report and Recommendations • Conceptual Improvement Plans • Engineers Opinion of Probable Construction Costs • Topographic & Right of Way Surveying Services • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre -qualification, bid protests, bid rejection and re -bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 5 ATTACHMENT B COMPENSATION Design Services for PARD Drainage & Erosion Study City Project No. 104536 Time and Materials with Rate Schedule Project 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 2023 Rate 2024 Rate ($/hour) ($/hour) Engineering & Management - PrincipaINP $295.00 $305.00 Project Management $195.00 $204.00 Engineering - Senior PE $195.00 $204.00 Engineering - PE $140.00 $145.00 Engineering - EIT $105.00 $110.00 Design Services - Senior Designer $140.00 $145.00 Design Services - Designer $105.00 $110.00 Landscape Architect $140.00 $145.00 Landscape Architect Intern $90.00 $94.00 CAD / Drafting Services $70.00 $73.00 Clerical Services $70.00 $73.00 Surveying Services - Senior RPLS $195.00 $204.00 Surveying Services - RPLS $150.00 $157.00 CAD/Tech. Survey Services - Sr. Tech $150.00 $157.00 CAD/Tech Survey Services $95.00 $99.00 Field Surveying - 1 Person Crew $175.00 $183.00 Field Surveying - 2 Person Crew $225.00 $235.00 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. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 ATTACHMENT B COMPENSATION 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. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Parks and Community Services 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 4 AM ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Baird, Hampton & Brown, Inc. Civil Engineering Proposed MWBE Sub -Consultants Non-MWBE Consultants Project Number & Name PARD Drainage & Erosion Study, CPN 104536 City MWBE Goal = 0% City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 Fee Amount % $450,000.00 100% TOTAL $450,000.00 100% Total Fee MWBE Fee MWBE % $ 450,000.00 $ 0.00 0% Consultant Committed Goal = 0 % 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 Baird, Hampton & Brown Inc. 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 $17-338-1277 BILL TO: City of Fort Worth Park & Recreation Dept Michael Welbaum supplierinvoices@fortworthtexas.gov PROJECT: 2023.702.000 / FORT WORTH PARKS ASSET MANAGEMENT - FORT WORTH P.O. Number: xxxx 1. Design Manager Professional Fees Engineering & Management, Principal Engineering Services - EIT Engineering Services - PE INVOICE SUMMARY Description 1 - Design Management 2 - Data Collection 3 - Scope Development 4 - Waterway Study and Assessment Reimbursables Total Aging Summary Invoice Number Invoice Date Outstanding Total $ - INVOICE DATE: June 20, 2023 INVOICE NUMBER: 2023.702.000-01 BHB PM: Austin Baird PERIOD: Inception - 06/20/23 Hours Rate Billed Amount 0.00 0.00 $ - 0.00 0.00 $ 0.00 0.00 $ - Invoice total' $ Contrac Percent Current Nreviosuly Total Billed Amount Complete Billed Billed 0 % $0.00 $0.00 $ - 0 % $0.00 $0.00 $ - 0 % $0.00 $0.00 $ 0 % $0.00 $0.00 $ - 0 % $0.00 $0.00 $ $ 0% $ - $ - $ Current Over 30 Over 60 Over 9 D Over 120 "Credit cards accepted by calling 817-338-1277. A convenience fee of 3.42 % will apply. ACH payments accepted without convenience fee. WE APPRECIATE YOUR BUSINESS! TBPE #F-000044 I TBPLS #10011300 (FW) TBPLS #10011302 (GV) TBPLS #10194146 (WF) Pagel ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for PARD Drainage & Erosion Study City Project No. 104536 <No Amendments to the Standard Agreement proposed> City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement and defined in subsequent scoping meetings. City of Fort Worth, Texas Attachment D Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0509 LOG NAME: 80FY23 PARK EROSION STUDY SUBJECT (ALL) Authorize an Engineering Services Agreement with Baird, Hampton & Brown, Inc., in the Amount of $450,000.00, for the Systemwide Park & Recreation Department Drainage & Erosion Study Project and Adopt Appropriation Ordinances, and Amend the Fiscal Years 2023-2027 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize a contract with Baird, Hampton & Brown, Inc., in the amount of $450,000.00, for the systemwide Park & Recreation Department Drainage & Erosion Study project (City Project No. 104536); 2. Adopt the attached appropriation ordinance reallocating appropriations in the Non - Departmental Department of the General Fund by decreasing the General Operating and Maintenance Category in the amount of $250,000.00 and increasing the Park & Recreation Department Transfers and Other Category by the same amount for the purpose of funding a transfer to the General Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the General Capital Projects Fund in the amount of $250,000.00, transferred from available funds in the General Fund, for the purpose of funding the FY23 Drainage & Erosion Study project (City Project No. 104536); 4. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Specially Funded Projects Fund by decreasing the Unspecified - All Funds project (City Project No. UNSPEC) in the amount of $250,000.00 and increasing estimated receipts and appropriations in the FY23 Drainage & Erosion Study project (City Project No. 104536) by the same amount; and 5. Amend the Fiscal Years 2023-2027 Capital Improvement Program. The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an engineering services agreement with Baird, Hampton & Brown, Inc., in the amount of $450,000.00, for the systemwide Park and Recreation Department (PARD) Drainage & Erosion Study. The project scope includes the development of criteria to identify, prioritize, and rank erosion repair, drainage improvement, and/or sedimentation removal needs for parks with major waterways and/or bodies of water. Once criteria are established, an inventory and assessment will be completed and incorporated into the City's Geographic Information System to identify future drainage, dredging, and erosion control projects. In addition to the contract amount, $50,000.00 is required for project management and project contingencies. This project is the result of collaboration between Transportation and Public Works Stormwater Management and the PARD staff. Consequently, the funding for this project is equally split between the two departments. The Park & Recreation Department will use the results of the study to inform future maintenance and capital project decision making and help identify partnership opportunities. The General Fund and Special Funded Projects Fund included funding in the Fiscal Year 2023 Appropriation Ordinance for the PARD Drainage & Erosion Study. In order to administratively track the spending of all funding sources in one project, appropriation ordinances are needed to move appropriations from the General Fund and the Specially Funded Projects Fund to the jointly funded static project. The actions in this M&C will amend the Fiscal Year 2023 Adopted Budget as approved in connection with Ordinance 25773-09-2022, Section 7. Capital Improvements, as listed on pages 24-25. Funding is budgeted in the Non -departmental Other Contractual Department within the General Fund and in the Unspecified -All Funds project within the Specially Funded Projects Fund for the purpose of funding the FY23 Drainage and Erosion Study project. BUSINESS DIVERSITY: A waiver of the goal for Business Equity subcontracting requirements was requested, and approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This project is located in ALL COUNCIL DISTRICTS. IaRiey_111111101;101Vlvi/_11IIs] ► File] 4:491aK_ 015CkiI The Director of Finance certifies that funds are currently available in the Unspecified -All Funds project within the Specially Funded Projects Fund and in the General Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Specially Funded Projects Fund and the General Capital Projects Fund for the FY23 Drainage and Erosion Study project to support the approval of the above recommendations and award of the agreement. Prior to an expenditure being incurred, the Transportation and Public Works and Park and Recreation Departments have the responsibility of verifying the availability of funds. Submitted for Citv Manager's Office bv: Jesica McEachern 5804 Oriqinatinq Business Unit Head: Dave Lewis 5717 Additional Information Contact: Scott Penn 5750