Loading...
HomeMy WebLinkAboutContract 61571CSC No. 61571 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: Stormwater Management Strategic Planning — Initial Phase — Project No. 105637. Article 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 $95,900, as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 1 of 15 Stormwater Management Strategic Planning — Initial Phase CPN 105637 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. 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. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 2 of 15 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 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. City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 3 of 15 (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. I. Record Drawings City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 4 of 15 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 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. City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 5 of 15 (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 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 City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 6 of 15 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 decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 7 of 15 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." (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 City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 8 of 15 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. 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. City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 9 of 15 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, City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 10 of 15 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 City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 11 of 15 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 (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" City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 12 of 15 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 City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 13 of 15 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 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 n 17, 2024 ATTEST: F FORr°a� �.°° °°° ° O $ PVo o.40 =o Jannette Goodall rEX A`Jop dbnno444 City Secretary BY: ENGINEER Freese and Nichols, Inc. SCO& &IblPv Scott Hubley (Jun 13, 2024 f5:07 CDT) Scott Hubley, P.E. Vice -President and Principal Date: Jun 13, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 14 of 15 APPROVED AS TO FORM AND LEGALITY fj� N/A By: Douglas Black (Jun 14, 202416:12 CDT) M&C No.: Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: M&C Date: N/A 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. For Kiran Konduru Kiran Konduru, P.E., CFM Engineering Manager City of Fort Worth, Texas Stormwater Management Strategic Planning — Initial Phase Standard Agreement for Engineering Related Design Services CPN 105637 Revised Date: 12-08-2023 Page 15 of 15 ATTACHMENT "A" ScoDe of Services for Stormwater Manaaement Strateaic Plannina — Initial Phase PROJECT UNDERSTANDING The mission of Stormwater Management (SWM) is "to project people and property from harmful stormwater runoff." SWM accomplishes this by maintaining the stormwater infrastructure, building capital projects to mitigate hazards, warning the community of hazards, and reviewing development for compliance with City standards. The stormwater mission and work efforts are aligned with the City's overall strategic goals. This strategic planning contract will provide professional engineering services for the first phase of a Strategic Plan for future resource needs to support the SWM's mission and to optimize use of those resources in a way that are in the best interest of the Stormwater Program and community. The purpose of the Strategic Plan is to assess needs and service gaps, estimate future funding needs, prepare a business case justification for funding needs, prepare a roadmap of implementable actions to use funding to close gaps, develop analysis tools to make course corrections as new data becomes available, and investigate/asses a variety of Program optimization opportunities. The Objective of this first phase of the Strategic Plan is to provide for a more efficient strategic planning effort by determining current and future program drivers (influencing factors) and establishing planning constraints. 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 consultant and any sub -consultant, including surveyor, employed or contracted by the ENGINEER. WORK TO BE PERFORMED TASK 1 - Determine Strategic Planning Drivers This task will determine the current, and anticipated future, SWM Program driving factors. These driving factors are the circumstances that can have a significant influence on Program resource needs and operational optimization. FNI will prepare and facilitate a 4-hr work session with SWM staff to determine, characterize, organize the planning drivers into the following categories: • Level of Service • Program Optimization • Life Cycle Costs • Funding Multiple driving factors are anticipated in each category. They will be articulated as specifically as practical to focus the remainder of the strategic planning work. Deliverables: DRAFT Technical Memo documenting the work session process and results for SWM review and comment. TASK 2 - Define Objectives & Constraints The entire Strategic Planning effort, and the Fee Increase Strategy specifically, will be a collaborative effort. Collaboration is required not only between FNI and SWM staff, but also with a variety of stakeholders and decision -makers. Collaboration partners must be aligned and able to consistently communicate the work and its outcomes. FNI will host up to three 2- hour work sessions with SWM staff to: • Articulate clearly and concisely what the fee increase strategy will accomplish • Determine the balance between objective financial quantification vs. what will be accepted by the community leadership • Define planning constraints to focus the work effort • Define terms used in the planning process (such as "need", "criticality", "planning constraint", "rehabilitation", "life -cycle", "sustainable", etc.) FNI will participate in meetings with CMO and/or FWLab as described in the Communications Task below to seek input and guidance on the objectives and constraints listed above. The outcome will be alignment on objectives, constraints, and terminology across city stakeholders. Deliverable: DRAFT Technical Memo documenting the work sessions and results for SWM review and comment. TASK 3 - Data Collection & Review Once the planning outcomes and constraints are clearly articulated, FNI will facilitate a work session with SWM staff to prepare a list of applicable data that can be used to accomplish the remaining work activities and prepare the Fee Increase Strategy. FNI will coordinate with SWM staff to collect the data and use it in future authorized assessments to be described as an outcome of this scope. An example list of potential data sources that might be considered are: Existing Drainage Inventory • Channels, Pipes, Ponds, Inlets, High Water Warning System, Dams Operations • Planning • Development Review • Hazard Warning • Programmed O&M • Cost of Service • Condition Assessments • Ditch List • Work Orders • Service Orders • Personnel/FTEs • KPIs Capital Investments • Capital Projects Backlog (Flood Reduction, HROM, Pipe Rehab, Channel Rehab, etc.) • Equipment Financial History & Forecasts • Budget History • Debt coverage ratio • Reserve fund requirements • City growth (impact fees, w/ww study, comp plan, etc.). • Data consistent with AECOM asset management document • Data consistent with support for street maintenance fee • Historic drivers of prior fee increases, and how increases were allocated • Risk factors that drive NEXT CCTV investments • Asset Condition, asset inventory growth (especially the pipe network) A comprehensive list of available (and/or applicable) data and the format of the data is currently not known. A more refined list of applicable data will be developed in collaboration with city staff as a part of this task. Significant deviations from what is shown in the list above could require an amendment to evaluate and if needed, format, additional data. The outcome of this task will be the determination, and collection, of the data applicable to project objectives. TASK 4 — Communications Building awareness and support for proposed increases in revenue requires thorough and strategic communication with stakeholders. FNI proposes a significant communications effort that includes city staff in multiple Departments, representative rate payers, Mobility: Infrastructure and Transportation Committee (MITC), City Manager's Office, FW Lab, and potentially the public. In addition to specifically mentioned workshops, this task is budgeted based on the follow assumption of coordination meetings: Stakeholder No. of No. of 1-hour Mtgs. Mtgs. MITC 2 City Manager's Office 2 1 FW Lab & Finance 1 2 SW staff 2 TPW staff 1 Development Services 1 staff Field Operations staff 1 Communications Office 1 The purpose of the communication is for the project team to increase situational awareness, identify planning constraints, collect information, document current needs and forecast future ones, and to develop and refine messaging. FNI would use these discussions to gather and document historic public interests and concerns and what motivated prior fee increases. This task includes preparing content for these coordination meetings, logistics, and preparing appropriate visual aids. It is assumed for the MITC meetings that FNI will create an initial draft presentation, and City staff will edit and finalize. Due to time constraints, many of these communication activities will be scheduled on participant calendars immediately after the notice to proceed. Public opinion will be characterized primarily based on the insights of other stakeholders listed above, plus the results of prior City Surveys. SWM staff will provide up to three prior City Survey results for FNI review and comment on applicability to the strategic planning effort. The outcome of this task will be stakeholder awareness of SWM Program drivers and SWM management awareness of stakeholder values. DELIVERABLES The outcome of this effort will be an executive summary report that provides recommendations for next steps for overall SWM Program strategic planning. Drivers, objectives, constraints, data, and stakeholder input identified will be used to identify and evaluate alternative approaches to Program optimization and meeting resource needs. The report will include FINAL versions of the Technical Memos previously provided and reviewed by SWM. Compensation is based on time and materials using the rate sheet provided as Attachment "B" to this contract. STORMWATER MANAGEMENT STRATEGIC PLANNING — INITIAL PHASE City Project No. 105637 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. These rates will be adjusted annually in February. The revised rate schedule will be negotiated and adopted by a task order. The revised schedule will be used for all subsequently incurred labor hours. 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 City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 3 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non -labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II — Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 3 B-2 III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Prime Consultant Freese and Nichols, Inc. Engineering and PM Proposed MWBE Sub -Consultants N/A Non-MWBE Consultants N/A Project Number & Name 105637 Stormwater Management Strategic Planning — Initial Phase City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 3 TOTAL Fee Amount % $95,900.00 100.0 $95,900 100% Total Fee MWBE Fee MWBE % $95,900.00 N/A N/A B-3 ATTACHMENT "C" STORMWATER MANAGEMENT STRATEGIC PLANNING - INITIAL PHASE CPN 105637 /_1►yi14 ZlQ►Vil4 Ll 11��ft>&-] r_1ki1o7_1:7s7_Trl:i4�i :1 Li k M&I ZI 4 Li N ILi144:71ki[c�=1ZW[@I None. ATTACHMENT"C° Page 1 of 1 ATTACHMENT "D" STORMWATER MANAGEMENT STRATEGIC PLANNING — INITIAL PHASE CPN 105637 PROJECT SCHEDULE FNI agrees to complete the services within four (4) months from the notice to proceed. It is assumed that at the end of this time of completion, a separate contract or amendment may be issued for continuing Stormwater Management strategic planning. ATTACHMENT "D" Page 1 of 1 ATTACHMENT "E" STORMWATER MANAGEMENT STRATEGIC PLANNING — INITIAL PHASE CPN 105637 X9197_1 I IQ Z I Ji I_1 This project is City -Wide and not limited to any individual location. ATTACHMENT "E° Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, Inc Fort Worth, Texas 76102, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth 1 of 1 OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2024-1174407 Date Filed: 06/12/2024 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 105637 Stormwater Management Strategic Planning -Initial Phase -Project No. 105637 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Pence, Bob Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Payne, Jeff Fort Worth, TX United States X Archer, Charles Raleigh, NC United States X Reedy, Mike Houston, TX United States X Hatley, Tricia Oklahoma City, OK United States X Greer, Alan Fort Worth, TX United States X Brown, Jessica Fort Worth, Texas 76102, TX X United States Chambers, Robert Fort Worth, Texas 76102, TX X United States 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Paula Durant and my date of birth is September 15, 1970 My address is 801 Cherry Street, SUlte 2800 Fort Worth TX 76102 USA (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas on the 12thday of June 20 24 (month) (year) // Peuz& f/GLL� Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.d378aba0 105637 Program Final Audit Report Prioritization Assignments 2024-06-13 Created: 2024-06-13 By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAErIRFcegi9JvEEBGJCPKS1i8yz46Cocz "105637 Program Prioritization Assignments" History Document created by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2024-06-13 - 5:17:56 PM GMT- IP address: 204.10.90.100 Z�16 Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2024-06-13 - 5:19:47 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to skh@freese.com for signature 2024-06-13 - 5:19:48 PM GMT Email viewed by skh@freese.com 2024-06-13 - 5:21:39 PM GMT- IP address: 104.47.58.254 q Signer skh@freese.com entered name at signing as Scott Hubley 2024-06-13 - 8:07:06 PM GMT- IP address: 97.75.108.6 Document e-signed by Scott Hubley (skh@freese.com) Signature Date: 2024-06-13 - 8:07:08 PM GMT - Time Source: server- IP address: 97.75.108.6 Document emailed to tpw_sw_contracts@fortworthtexas.gov for approval 2024-06-13 - 8:07:09 PM GMT Email viewed by tpw_sw_contracts@fortworthtexas.gov 2024-06-13 - 9:41:35 PM GMT- IP address: 204.10.90.100 Signer tpw_sw_contracts@fortworthtexas.gov entered name at signing as Sadie Ishmael 2024-06-13 - 9:41:54 PM GMT- IP address: 204.10.90.100 q Document approved by Sadie Ishmael (tpw_sw_contracts@fortworthtexas.gov) Approval Date: 2024-06-13 - 9:41:56 PM GMT- Time Source: server- IP address: 204.10.90.100 Agreement completed. 2024-06-13 - 9:41:56 PM GMT FORTW❑RTHg I Pawered8y Adobe Acrobat Sign 105637 Stormwater Strategic Final Audit Report Created: 2024-06-13 By: Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAINnLrVTgjLywoKifX_VISiLaTNnwkp4T Planning Contract 2024-06-14 "105637 Stormwater Strategic Planning Contract" History Document created by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) 2024-06-13 - 9:59:30 PM GMT- IP address: 204.10.90.100 Document approved by Sadie Ishmael (Sadie.Ishmael@fortworthtexas.gov) Approval Date: 2024-06-13 - 10:02:28 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Stephen Nichols (Stephen.Nichols@fortworthtexas.gov) for signature 2024-06-13 - 10:02:30 PM GMT Email viewed by Stephen Nichols (Stephen.Nichols@fortworthtexas.gov) 2024-06-13 - 10:45:02 PM GMT- IP address: 66.169.152.104 3 Document e-signed by Stephen Nichols (Stephen.Nichols@fortworthtexas.gov) Signature Date: 2024-06-13 - 10:56:06 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Jennifer Dyke (Jennifer.Dyke@fortworthtexas.gov) for approval 2024-06-13 - 10:56:08 PM GMT Email viewed by Jennifer Dyke (Jennifer.Dyke@fortworthtexas.gov) 2024-06-13 - 11:13:45 PM GMT- IP address: 47.185.119.99 Document approved by Jennifer Dyke (Jennifer.Dyke@fortworthtexas.gov) Approval Date: 2024-06-13 - 11:14:11 PM GMT - Time Source: server- IP address: 47.185.119.99 Document emailed to tpw_sw_contracts@fortworthtexas.gov for approval 2024-06-13 - 11:14:13 PM GMT Email viewed by tpw_sw_contracts@fortworthtexas.gov 2024-06-14 - 0:14:21 AM GMT- IP address: 204.10.90.100 Signer tpw_sw_contracts@fortworthtexas.gov entered name at signing as Sadie Ishmael 2024-06-14 - 0:14:35 AM GMT- IP address: 204.10.90.100 FORTWORTHS I P—edi+y Adobe Acrobat Sign Document approved by Sadie Ishmael (tpw_sw_contracts@fortworthtexas.gov) Approval Date: 2024-06-14 - 0:14:37 AM GMT - Time Source: server- IP address: 204.10.90.100 Agreement completed. 2024-06-14 - 0:14:37 AM GMT FORTWORTHS I P—e"Y Adobe Acrobat Sign FORT WORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: Stormwater Strategic Planning M&C: CPN 105637 CSO DOC Remarks: The purpose of the Strategic Plan is to assess needs and service gaps, estimate future funding needs, prepare a business case justification for funding needs, prepare a roadmap of implementable actions to use funding to close gaps, develop analysis tools to make course corrections as new data becomes available, and investigate/asses a variety of Program optimization opportunities. The Objective of this first phase of the Strategic Plan is to provide for a more efficient strategic planning effort by determining current and future program drivers (influencing factors) and establishing planning constraints. 1. Freese and Nichols, Inc / Scott Hubley / skh@freese.com 2. Stephen Nichols-SWM Proq Mgr. 3. Jennifer M. Dyke, Asst. Dir 4. Lauren Prieur, Dir. 5. Doug Black 6. Jesica McEachern 7. Ron Gonzales 8. Jannette Goodall 9. Allison Tidwell DEPARTMENT INITIALS DATE Contractor- Signature f Jun 13, 2024 TPW-Initial Jun 13, 2024 TPW-Initial Jun13,2024 TPW-Approval/Agiloft Legal- Signature Jun 14, 2024 CMO- Signature off- Jun 17, 2024 Approver CSO- Signature 76 Jun 18, 2024 Form Filler Jun 18, 2024 J u n 13, 2024 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ Attach Signature, Initial and Notary Tabs FORT WORTH Routing and Transmittal Slip TPW Stormwater Manaqement DOCUMENT TITLE: Program Prioritization Assignments M&C: CPN 105637 CSO DOC ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File Return to: Please call Kiran Konduru at ext. 7388 for questions or concerns. Thank you.