HomeMy WebLinkAboutContract 61473CSC No. 61473
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 FREESE AND NICHOLS, INC, authorized to do business in Texas,
("ENGINEER"), for a PROJECT generally described as: Lake Worth Dam Safety
("Services").
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 NINETY-NINE
THOUSAND EIGHTY-FIVE DOLLARDS ($99,085.00) 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 Ill
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
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
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Lake Worth Dam Safety
original effective date.
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. Designation of Engineer's Personnel
(1) The ENGINEER and CITY shall agree upon the
designation of the ENGINEER's "Project Manager" prior to starting work on
contract.
(2) ENGINEER shall inform CITY in writing of a proposed
change to their designated project manager prior to making the change or
immediately upon receiving notification that the designated project manager
is separating employment with the ENGINEER.
(3) ENGINEER shall provide resumes to the CITY of the
proposed replacement project manager(s), who shall have similar
qualifications and experience as the outgoing person, for review and
approval.
D. 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.
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(2) In soils, foundation, groundwater, and other subsurface investigations,
the actual characteristics may vary significantly befinreen 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.
E. 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.
F. 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 e�ent 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
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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.
G. 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.
H. 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.
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I. 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.
J. 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 (as codified in Chapter 20, Article X of the City's Code of
Ordinances, as amended, and any relevant policy or guidance documents),
Engineer acknowledges the MBE and WBE goals established for this
Agreement 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.
K. 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
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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
effect as of the time copying is performed.
L. 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.
M. 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.
N. 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.
O. 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.
P. 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
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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.
Q. 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
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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.
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."
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(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.
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 befinreen 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.
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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.
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,
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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
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
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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.
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 (I-9). Upon request by CITY,
ENGINEER shall provide CITY with copies of all I-9 forms and supporting
eligibility documentation for each employee who performs work under this
Agreement. ENGINEER shall adhere to all Federal and State laws as well
as establish appropriate procedures and controls so that no services will be
performed by any ENGINEER employee who is not legally eligible to
perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD
CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES
DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER,
ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. CITY, upon written notice to ENGINEER, shall have the right
to immediately terminate this Agreement for violations of this provision by
ENGINEER.
M. Prohibition On Contracts With Companies Boycotting Israel
ENGINEER unless a sole proprietor, acknowledges that in accordance with
Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or
more full time-employees and the contract value is $100,000 or more, the
City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the
company that it: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the contract. The terms "boycott Israel" and "company"
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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
ENGINEER acknowledges that in accordance with Chapter 2276 of the
Texas Government Code, 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 2276 of the Texas Government
Code. To the extent that Chapter 2276 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, 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. 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
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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
same instrument.
The following attachments and schedules are hereby made a part of this AGREEMENT:
Attachment A - Scope of Services
Attachment B - Compensation
Attachment C - Amendments to Standard Agreement for Engineering Services
Attachment D - Project Schedule
Attachment E - Location Map
Attachment F Insurance Requirements
effective on the date
.
BY:
CITY OF FORT WORTH
BY:
ENGINEER
Fernando Costa
Assistant City Manager
Date:__________________
Freese and Nichols, Inc.
John Rutledge, P.E.
Principal and Vice President
Date:____________________________
ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:
Chris Harder, P.E.
Director, Water
APPROVED AS TO FORM AND LEGALITY
� ____ M _____ & ____ C ___ N ____ o ____ .: ____..N.....,/A ________ _
By:Oouglas Black (May 29, 2024 09:26 CDT)
Douglas W Black _M_&_C _D_a_t _e_: _N_/A ______ _
Sr. Assistant City Attorney
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting
requirements.
fe�,I John Lope{:.y 2J 2f 13:27 CDT)
John Lopez
Project Manager
City of Fort Worth, Texas
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Revised Date: 12-08-2023
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Lake Worth Dam Safety
City of Fort Worth, Texas
Attachment A
PMO Release Date: 07.23.2012
Page 1 of 9
Scope for On-Call Professional Engineering Services Related to Lake Worth Dam Safety
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 City of Fort Worth owns, operates, and maintains Lake Worth Dam. The Texas
Commission on Environmental Quality (TCEQ) Dam Safety Rules (30 TAC 299.1-299.7)
requires an owner of a dam to be solely responsible for maintaining the dam and reservoir,
including all appurtenant works in a safe condition throughout the life of the structure, and
the owner shall keep and maintain records with respect to maintenance, operation, and
engineering inspection results conducted to safeguard life and property. The purpose of the
following On-Call scope is to assist the City in complying with State dam safety laws over
the next four years (2024-2027).
Task 1: Project Management
Task 2: Dam Safety Inspection
Task 3: EAP Table Top Exercise
Task 4: Spillway Underdrain Inspection
Task 5: On-Call Professional Engineering Services
GENERAL ASSUMPTIONS
The ENGINEER will provide Professional Engineering Services on a time and
materials basis with an annual renewal over the next four years (2024 2027) up to
the Contract dollar limit.
The available budget can be used for Task 1 to Task 5.
City of Fort Worth, Texas Page 2 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 2 of 9
Task 1: PROJECT MANAGEMENT
ENGINEER will manage the work outlined in this scope for efficient and effective use of
communicate effectively, coordinate internally and externally as needed, and proactively
essary to make progress
on the work.
1.1 Managing the Team:
Lead, manage and direct FNI team activities
Quality Control / Quality Assurance (QC/QA) measures are practiced in performance
of the work.
Communicate internally among team members
Task and allocate team resources
1.2 Communication and Reporting
Attend a pre-design project kickoff/chartering meeting with CITY staff to confirm and
clarify scope, understand CITY objectives, and develop economical and functional
designs that meet CITY requirements.
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 as needed.
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
Pre-design project kickoff/chartering meeting (to be determined in each task order).
Monthly project update meetings (to be determined in each task order).
Monthly updates of Project Status Reports and Project Schedule (to be determined
in each task order).
Project management effort will be included in budgets for individual tasks.
DELIVERABLES
A. Meeting summaries with action items
B. Monthly invoices
C. Monthly progress reports
D. Baseline design schedule
City of Fort Worth, Texas Page 3 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 3 of 9
E. Monthly schedule updates with schedule narrative describing any current or
anticipated schedule changes
City of Fort Worth, Texas Page 4 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 4 of 9
TASK 2. DAM SAFETY INSPECTION
The purpose of this task is to visually inspect the dam and document observations using
guidelines established by the Texas Commission on Environmental Quality (TCEQ) criteria.
ENGINEER will assess the general condition of the dam and related appurtenances based
on available data and visual inspection by an experienced dam engineer. Information about
Lake Worth Dam is summarized in Table 1.
Table 1: Lake Worth Dam Summary
Name Length Height Maximum Pool
Storage
Normal Pool
Storage
TCEQ Hazard
Classification
Lake Worth Dam 3,900 ft 61 ft 110,980 ac-ft 33,619 ac-ft High
2.1. Pre-inspection Activities
CITY will schedule a mutually agreeable inspection date with ENGINEER.
Prior to the dam inspection, review previous dam safety inspection reports, drawings,
and instrumentation measurements provided by the CITY.
2.2. Inspection Activities
Participate in a site safety briefing provided by the CITY the day of the inspection.
Perform a visual inspection of the dam, spillway, and adjacent areas. The
inspections will look for items that may suggest potential dam safety concerns. If a
major concern is noted, CITY will be notified immediately.
Observe the upstream portion of the concrete spillway weir from a boat (provided
and operated by the CITY) within Lake Worth.
Entrance into confined spaces (i.e. vault at the downstream end of the right spillway
training wall) are not included in this scope of services.
2.3. Inspection Report
ENGINEER will provide the results of the dam inspection in a report that will contain
at a minimum:
Include a short project description of the dam
Provide a description of the observations made and give recommendations for
correcting deficiencies or develop a basis for further detailed studies.
Provide a status of Action Items from previous reports.
Develop a prioritized list of Action Items in order of importance from a dam safety
perspective.
Include color photographs depicting pertinent aspects of the inspection.
Photographs shall have a description and be numbered and keyed to a plan
drawing.
City of Fort Worth, Texas Page 5 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 5 of 9
CITY shall provide current piezometer water levels going back several years.
ENGINEER shall review the instrumentation data, report on any concerns with
the data, and include the charts in the final report.
ENGINEER shall provide a DRAFT report to the CITY for review in PDF format.
Once comments are received from the CITY and incorporated, provide five (5) hard
copies and one PDF copy of the final inspection report will be provided to the CITY.
The report will be suitable for submission to TCEQ.
ASSUMPTIONS
The dam inspection is assumed to occur in calendar year 2026. It is assumed
the inspection will be completed in one (1) day.
CITY will provide a boat and operator, necessary safety equipment, and safety
training for one (1) ENGINEER to visually inspect the upstream portion of the
concrete spillway weir.
DELIVERABLES
A. Dam Inspection Report
City of Fort Worth, Texas Page 6 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 6 of 9
TASK 3. EAP TABLETOP EXERCISE
TCEQ requires dam owners to perform a tabletop exercise of the Emergency Action Plan
(EAP) at least every five years. The CITY has an existing EAP (dated May 2015) for Lake
Worth Dam. ENGINEER will facilitate a tabletop exercise of the EAP in accordance with
TCEQ regulations. The tabletop exercise will include the following tasks.
3.1. Pre-Table Top Activities
ENGINEER will develop an agenda for a tabletop exercise of the EAP.
ENGINEER will coordinate with external agencies (i.e. local law enforcement,
emergency management coordinators, department of public safety, etc.) to solicit
and scheduled their involvement in the tabletop exercise. ENGINEER will coordinate
with the CITY to develop an invitee list from various CITY departments and outside
agencies. Invitations will be distributed by the CITY.
3.2. Tabletop Activities
ENGINEER will facilitate up to a half-day discussion-based tabletop exercise to be
held at a CITY facility to be determined by CITY staff. ENGINEER will provide one
(1) facilitator and one (1) engineer to participate in the tabletop exercise. ENGINEER
will provide meeting packets for attendees.
The tabletop exercise will include:
o Overall review of the EAP and general response.
o Realistic scenario for discussion during an exercise which will require the
implementation of the EAP.
o Discussion regarding the coordination efforts necessary during an
emergency.
o Discuss the utilization of resources including those belonging to the CITY and
other participants.
3.3. Post-Tabletop Activities
ENGINEER will develop a lessons learned summary of the tabletop exercise which
will document the training as well as capture any issues or concerns determined
during the course of the tabletop exercise. ENGINEER will provide an electronic
copy (PDF) to the CITY for review and comment. Upon receipt of comments,
ENGINEER will finalize and provide an electronic copy (PDF) to the CITY.
Based on the tabletop exercise, ENGINEER will provide updates to the EAP.
ENGINEER will coordinate with CITY staff in submitting the updated EAP and after-
action report to TCEQ and other planholders.
ASSUMPTIONS
ENGINEER will perform one (1) tabletop exercise over the duration of this
contract. The tabletop exercise is assumed to occur in 2027.
City of Fort Worth, Texas Page 7 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 7 of 9
Revising breach analyses and inundation mapping in the existing EAP is not
included in this scope of services.
CITY will provide a facility to host the tabletop exercise.
CITY will distribute invitations for the tabletop exercise.
CITY will submit the EAP updates to TCEQ and the other EAP plan holders.
DELIVERABLES
A. Lessons Learned Summary
B. EAP Updates
City of Fort Worth, Texas Page 8 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 8 of 9
TASK 4. SPILLWAY UNDERDRAIN INSPECTION
The purpose of this task is to inspect the underdrain system of the spillway following
cleaning activities that occurred in conjunction with 2019 construction activities. The
underdrain inspection will include the following tasks.
4.1. Underdrain Inspection
ENGINEER will utilize a subconsultant to inspect the underdrain system.
Subconsultant will perform a video inspection of the spillway underdrain system.
ENGINEER will provide the CITY a digital copy of the video inspection.
ENGINEER to provide one (1) engineer on-site to observe the inspection operation.
ENGINEER to evaluate the condition of the underdrain system based on the video
inspection.
ENGINEER to develop a summary memorandum that documents the processes and
findings of the inspection. ENGINEER will provide an electronic copy (PDF) of the
summary memorandum to the CITY for review. Upon receipt and incorporation of
comments, ENGINEER will furnish up to three (3) hard copies and an electronic copy
(PDF) of the Summary Memorandum to the CITY.
ASSUMPTIONS
The spillway underdrain inspection is assumed to occur in 2025.
Two (2) days of field work have been budgeted for the underdrain inspection.
Approximately 700 linear feet of the 6-inch collector trough is anticipated to be
videoed.
Approximately 600 linear feet of the 4-inch collector trough of Drains 1 8 is
anticipated to be videoed.
Cleaning of the underdrain system is not included in this scope of services. Video
inspection will extend to the limits of refusal within the underdrain system.
DELIVERABLES
A. Video Inspection
B. Summary Memorandum
City of Fort Worth, Texas Page 9 of 9
Attachment A
PMO Release Date: 02.06.2015
Page 9 of 9
TASK 5. ON-CALL PROFESSIONAL ENGINEERING SERVICES
ENGINEER will provide Professional Engineering Services on an on-call basis. The scope is
not specific to any project and will be defined by the CITY at the time of need. In general,
the scope is anticipated to involve dam safety related issues of Lake Worth Dam. Potential
dam safety services may include the following examples.
Study existing siltation around the intake and develop remediation measures
Perform maintenance inspections of Lake Worth Dam after serious rain or flood
events.
Consultation on maintenance inspection of Lake Worth Dam.
Train CITY staff to perform maintenance inspections of Lake Worth Dam.
Consultation on TCEQ recommendations and assistance with follow up
documentation and communication.
Consultation on dam maintenance activities (i.e. tree and vegetation removal)
Support CITY staff implementation of EAP during and after emergency situations.
Develop updates of existing hydrologic and hydraulic (H&H) models, breach
analyses and breach inundation maps.
Perform engineering design and prepare drawings and specifications to address dam
safety concerns.
Provide construction phase inspection and engineering support services.
ASSUMPTIONS
ENGINEER will respond to inquiries from the CITY within five (5) business days.
The initial 5-day timeline is for the ENGINEER to acknowledge the request and
provide a reasonable specific timeline for a thorough response. ENGINEER will
support the CITY with general support related to the Lake Worth Dam as
requested by the CITY.
DELIVERABLES
A. To be defined in each task order.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 1 of 5
B-1
On-Call Professional Engineering Services Related to Lake Worth Dam Safety
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated in an hourly amount not-to-exceed
$99,085.00 for personnel time, non-labor expenses, and subcontract expenses in
performing services enumerated in Attachment A as follows:
i. Personnel Time. Personnel time shall be compensated based upon
hours worked directly in performing the PROJECT multiplied by the
appropriate Labor Category Rate
performing the work and includes all direct salaries, overhead, and profit.
Labor Category Rate as presented in the rate schedule table below is
the rate for each labor category performing the work and includes all
direct salaries, overhead, and profit.
LABOR CATEGORY RATE
($/HOUR) **
Professional - 1 138
Professional - 2 168
Professional - 3 191
Professional - 4 217
Professional - 5 254
Professional - 6 294
Construction Manager - 1 119
Construction Manager - 2 149
Construction Manager - 3 161
Construction Manager - 4 201
Construction Manager 5 243
Construction Manager - 6 279
Construction Representative - 1 107
Construction Representative - 2 119
Construction Representative - 3 149
Construction Representative - 4 161
CAD Technician/Designer - 1 117
CAD Technician/Designer - 2 153
CAD Technician/Designer - 3 187
Corporate Project Support - 1 113
Corporate Project Support - 2 136
Corporate Project Support - 3 180
Intern/ Coop 70
** Provided rates are 2024 rates, which will be adjusted annually in February.
ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as
Direct Expenses at invoice or internal office cost.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 2 of 5
B-2
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.
expended prior to such increase will be allowable to the same extent as is
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.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 3 of 5
B-3
D. Payment of invoices will be subject to certification by the City that such work has
been performed.
III. Progress Reports. The ENGINEER shall prepare and submit to the designated
representative of the Water Department monthly progress reports and schedules in the
format required by the City.
ATTACHMENT B
COMPENSATION
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 4 of 5
B-4
IV. Summary of Total Project Fees Order Fees
Firm Primary Responsibility Fee Amount %
Prime Consultant
Freese and Nichols, Inc. On-Call Lake Worth Dam
Safety
$92,335.00 93.19%
Prime Consultant Total: $92,335.00 93.19%
MBE/SBE Sub-Consultants
None None $0.00 0.00%
Proposed MBE/SBE Sub-Consultants Total: $0.00 0.00%
Non-MBE/SBE Consultants
None GPRS $6,750.00 6.81%
Non-MBE/SBE Consultants Total: $6,750.00 6.81%
TOTAL $99,085.00 100.0%
Project Number & Name Total Fee MBE/SBE Fee MBE/SBE
%
On-Call Professional Engineering
Services Related to Lake Worth Dam
Safety
$99,085.00 $0.00 0.00%
City MBE/SBE Goal = 0.00% Consultant Committed Goal = 0.00%
-1
ENGINEER INVOICE
(Supplement to Attachment B)
City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 5 of 5
B-5
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
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City of Fort Worth, Texas
Attachment C
PMO Release Date: 05.19.2010
Page 1 of 1
CHANGES AND AMENDMENTS TO STANDARD AGREEMENT
Design Services for
On-Call Professional Engineering Services Related to Lake Worth Dam Safety
City Project No. _____
No changes proposed.
City of Fort Worth, Texas
Attachment D
Revision Date: 07.20.2018
Page 1 of 1
PROJECT SCHEDULE
On-Call Professional Engineering Services Related to Lake Worth Dam Safety
Project schedules will be developed on an individual task order basis.
In general, it is the understanding of the ENGINEER that the CITY anticipates the on-call
contract to generally follow the summary table below.
Task 2024 2025 2026 2027
Task 1: Project Management X X X X
Task 2: Dam Safety Inspection X
Task 3: EAP Tabletop Exercise X
Task 4: Spillway Underdrain Inspection X
Task 5: On-Call Professional Engineering Services X X X X
LAKE WORTH
DAM
April 2024
OFF24050