HomeMy WebLinkAboutContract 61711CSC No. 61711
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: Development Services Bridge Plan Reviews
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 and not to exceed
$50,000 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 Development Services Bridge Plan Reviews
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
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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,
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the actual characteristics may vary significantly between successive
test points and sample intervals and at locations other than where
observations, exploration, and investigations have been made.
Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could
affect the total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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.
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(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
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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
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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
executed, the ENGINEER shall revise plans and specifications, as required,
at its own cost and expense. However, if design changes are required due to
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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
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D.
E. Prompt Notice
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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
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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.
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.
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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.
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 (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"
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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
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
'Daha �L6 ahki f
Da n a Burghd off(Ju I 1 ,202410MCDT)
Dana Burghdoff
Assistant City Manager
Date: Jul 16, 2024
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ATTEST:
Jannette Goodall
City Secretary
APPROVAL RECOMMENDED:
By:
D.J. Harrell
Director, Development Services
BY:
ENGINEER
Freese and Nichols, Inc.
Vimal Nair
Vice Principal
Date: Jul 12, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
City of Fort Worth, Texas Development Services Bridge Plan Reviews
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 14 of 15
APPROVED AS TO FORM AND LEGALITY
fj�
By: Douglas Mack (Jul 16,202407:54 CDT)
Douglas W Black
Sr. Assistant City Attorney
Contract Compliance Manager:
M&C No.: N/A
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.
Shannon Hobbs
Senior Professional Engineer
City of Fort Worth, Texas Development Services Bridge Plan Reviews
Standard Agreement for Engineering Related Design Services
Revised Date: 12-08-2023
Page 15 of 15
FORT WORTH.
ATTACHMENT "A"
Scope for Enaineerina Bridge Design Review Related Services for Development Services
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 objective of this project is that Freese and Nichols, Inc. (FNI) (ENGINEER) will provide
assistance in the review of developer submitted IPRC Bridge Design Plans for the City of Fort
Worth Department of Development Services as necessary at CITY request until all funds are
used. Reviews are anticipated to be performed during 2024. The level of effort of review for
each review request will vary depending on level of completeness of Developer submitted
plans, complexity and size of the bridge structure, and number of resubmittal reviews
necessary.
WORK TO BE PERFORMED
Task 1. Project Management
Task 2. Bridge Plan Reviews
TASK 1. PROJECT MANAGEMENT.
ENGINEER will manage the work outlined in this scope to ensure efficient and effective use
of ENGINEER's and CITY's time and resources. ENGINEER will manage change,
communicate effectively, coordinate internally and externally as needed, and proactively
address issues with the CITY's Project Manager and others as necessary to make progress
on the work.
1.1. Managing the Team:
A. Lead, manage and direct team activities.
B. Ensure Quality Control / Quality Assurance (QC/QA) is practiced in performance of
the work.
C. Communicate internally among team members.
D. Task and allocate team resources.
1.2. Communications and Reporting:
A. ENGINEER will maintain a log of all bridge reviews in a manner approved by the City
Project Manager. The log will include project name and number, dates of receipt of
City of Fort Worth, Texas
Attachment A 06/21 /2024
Release Date: 07.22.2021
Page 1 of 4
FORT WORTH.
plans, review costs, name of review engineer, date of completion of review, and status
of review.
B. At the request of the City Project Manager, the Consultant will attend meetings with the
Developer and Developer Engineer to discuss comments. The Consultant will not
discuss review comments or meet with Developers or Design Engineers concerning the
review project outside of City meetings unless requested by City Staff.
C. Prepare invoices, in accordance with Attachment B to this Standard Agreement and
submit monthly in the format requested by the CITY.
DELIVERABLES
A. Bridge Design Review Logs
B. Digital copies of all correspondence with Applicants
C. Monthly Invoices
D. Monthly progress reports
TASK 2. BRIDGE PLAN REVIEWs
2.1 Initiate Review Request
A. CITY Project Manager (or designated representative) will provide ENGINEER with
bridge plans submitted by Developer to be reviewed. CITY Project Manager should
also provide additional background information needed by the ENGINEER for review
such as existing bridge plans if modifications are being made to an existing bridge.
B. Bridge plan review will involve general review of bridge layout, profile, and details for
general conformance to relevant TxDOT and AASHTO design standards. Design
calculations will not be reviewed as part of this scope.
2.2 Pre -Submittal Review
A. Upon receipt of the bridge plans, development plan set, and any information on existing
infrastructure necessary, ENGINEER will review bridge plans and provide comments.
B. Comments will be provided as red marks on the PDF plan sheets and an accompanying
Excel spreadsheet comment list.
C. Pre -Submittal Reviews shall be completed, and comments provided within 5 business
days of notification from CITY.
D. CITY will be responsible for providing comments to Developer and Developer Engineer.
2.3 First Submittal Review
City of Fort worth, Texas Page 2 of 4
Attachment A 06/21/2024
Release Date: 07.22.2021
Page 2 of 4
FORT WORTH.
A. Upon receipt of the bridge plans, development plan set, response to previous
comments provided by ENGINEER, and any information on existing infrastructure
necessary, ENGINEER will review bridge plans and provide comments.
B. Comments will be provided as red marks on the PDF plan sheets and an accompanying
Excel spreadsheet comment list.
C. First -Submittal Reviews shall be completed, and comments provided within 10
business days of notification from CITY.
D. CITY will be responsible for providing comments to Developer and designer.
2.4 Subsequent Compliance Reviews
A. Upon receipt of the bridge plans, development plan set, response to previous
comments provided by ENGINEER, and any information on existing infrastructure
necessary, ENGINEER will review bridge plans and provide comments.
B. Comments will be provided as red marks on the PDF plan sheets and an accompanying
Excel spreadsheet comment list.
C. First -Submittal Reviews shall be completed, and comments provided within 5 business
days of notification from CITY.
D. CITY will be responsible for providing comments to Developer and Developer Engineer.
2.5 Review Meetings
A. At the request of CITY, ENGINEER will be available for meetings with Developer and
Developer Engineer to discuss comments on Developer submitted plans.
ASSUMPTIONS
A. All deliverables with be in electronic (PDF or Excel) format
B. CITY will be responsible for providing comments from the ENGINEER to the
Developer and Developer Engineer
C. All meetings will be virtual
DELIVERABLES
A. Pre -Submittal Review Comments
B. First Submittal Review Comments
C. Subsequent Compliance Review Comments (if applicable)
City of Fort worth, Texas Page 3 of 4
Attachment A 06/21/2024
Release Date: 07.22.2021
Page 3 of 4
FORT WORTH.
Additional Services not included in the existing Scope of Services — CITY and
ENGINEER agree that the following services are beyond the Scope of Services described in
the tasks above. However, ENGINEER can provide these services, if needed, upon the
CITY's written request. Any additional amounts paid to the ENGINEER as a result of any
material change to the Scope of the Project shall be agreed upon in writing by both parties
before the services are performed. These additional services include the following:
• Review of Bridge Design Calculations
• Bridge or Development Site Visits and Inspections
• Review of other structural plans; including but not limited to retaining walls
City of Fort worth, Texas Page 4 of 4
Attachment A 06/21/2024
Release Date: 07.22.2021
Page 4 of 4
ATTACHMENT B
COMPENSATION
Engineering Services for
Development Services Bridge Plans Review
Time and Materials with Rate Schedule Project
I. Compensation
A. The ENGINEER shall be compensated in an hourly amount not -to -exceed $50,000
for personnel time, non -labor expenses, and subcontract expenses in performing
services enumerated in Attachment A as follows:
i. Personnel Time. Personnel time shall be compensated based upon hours
worked directly in performing the PROJECT multiplied by the appropriate Labor
Cateqory Rate for the ENGINEER's team member performing the work.
Labor Category Rate as presented in the rate schedule table below is the rate for
each labor category performing the work and includes all direct salaries, overhead,
and profit.
Labor Category
Rate
($/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
Senior Advisor
175
" Provided rates are 2024 rates, which will be adjusted annually in February.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 1 of 4
Development Services Bridge Plans Review
Lal
ATTACHMENT B
COMPENSATION
ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct
Expenses at invoice or internal office cost.
Direct Expenses (non -labor) include, but are not limited to, mileage, travel and
lodging expenses, mail, supplies, printing and reproduction services, other direct
expenses associated with delivery of the work; plus applicable sales, use, value
added, business transfer, gross receipts, or other similar taxes.
iii. Subcontract Expenses. Subcontract expenses and outside services shall be
reimbursed at cost to ENGINEER plus a markup of ten percent (10%).
iv. Budgets. ENGINEER will make reasonable efforts to complete the work within
the budget and will keep the City informed of progress toward that end so that
the budget or work effort can be adjusted if found necessary.
ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be
adjusted, nor is the City obligated to pay ENGINEER beyond these limits.
If ENGINEER projects, in the course of providing the necessary services, that the
PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether
by change in scope of the project, increased costs or other conditions, the
ENGINEER shall immediately report such fact to the City and, if so instructed by the
City, shall suspend all work hereunder.
When any budget has been increased, ENGINEER's excess costs expended prior
to such increase will be allowable to the same extent as if such costs had been
incurred after the approved increase.
B. The ENGINEER shall be paid monthly payments as described in Section II -
Method of Payment.
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 Development Services Bridge Plans Review
Revised Date: 12/9/2022
Page 2 of 4
B-2
ATTACHMENT B
COMPENSATION
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 Fee Amount %
Prime Consultant
Freese and Nichols, Inc. Project Management and $50,000.00 100.0%
Design Services
Prime Consultant Total: $50,000.00 100.0%
Proposed MWBE Sub -Consultants
MWBE Sub -Consultants Total: $0.00 0.0%
Non-MWBE Consultants
Non-MWBE Consultants Total: $0.00 0.0%
TOTAL $50,000.00 100.0%
Project Number & Name
(CPN XXXXXX — Development Services
Bridge Plans Review)
Original Agreement
Total
City MWBE Goal = %
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 3 of 4
Total Fee MWBE Fee MWBE %
$50,000.00 $0.00 0.0%
$50,000.00 $0.00 0.0%
Consultant Committed Goal = %
Development Services Bridge Plans Review
LIM
EXHIBIT "B-1"
ENGINEER INVOICE
(Supplement to Attachment B)
Insert required invoice format following this page, including negotiated total budget and
allocations of budgets across desired work types and work phases.
City of Fort Worth, Texas
Attachment B
Revised Date: 12/9/2022
Page 4 of 4
Development Services Bridge Plans Review
Professional Services Invoice Project Manager: Shannon Hobbs, PE
Project: Development Services Bridge Plan Reviews
City Project #:
Work Type Desc: Engineering Design Related Services
PO Number:
Company Name: Freese and Nichols, Inc
Supplier's PM: Will Workman PE, ENV SP
Email:
will.workanlaNreese.com
Supplier Project #: FT2XXXXX
Office Address:
801 Cherry St., Suite 2800, Fort Worth, Texas 76102
Payment Request #:
Telephone:
817-735-7537
Service Date:From
Fax:
817-735-7491
Service Date:To
Invoice Date:
Remit Address:
801 Cherry St., Suite 2800, Fort Worth, Texas 76102
Pay Items
Agreement LTD
Amendment Amendment
Amount to Completed Percent ($) Invoiced Current Remaining
Description
Agreement Amount Number Amount
Date Amount Spent Previously Invoice Balance
30 - Design Design Services
$ 50,000.00
N/A
$ -
$ 50,000.00 $ -
$ - $ - $ 50,000.00
Totals This Unit: $50,000.00 $50,000.00 $50,000.00
Overall Percentage Spent:
Freese and Nichols, Inc.
817-735-7537
817-735-7491
Office Address
801 Cherry Street, Suite 2800
Fort Worth, TX 76102
CFW Project Manager
Shannon Hobbs, PE
Supplier's Project Manager:
lWill Workman PE, ENV SP
Supplier's PM email:
lWill.Workan@freese.com
Name of Project:
Development Services Bridge Plan
Reviews
Labor Category Name
Invoice
Supplier Project No. FT2XXXXX
Proj. Invoice No.
Invoice date:
Service Date:From
Service Date:To
City Secretary Contract #:
P.O. Number:
58801-07
45139.0 Rate ($/hr)
Professional 1
0.0
138.00
Professional 2
0.0
168.00
Professional 3
0.0
191.00
Professional
0.0
217.00
Professional
0.0
254.00
Professional
0.0
294.00
Construction Manager 1
0.0
119.00
Construction Manager 2
0.0
149.00
Construction Manager 3
0.0
161.00
Construction Manager 4
0.0
201.00
Construction Manager 5
0.0
243.00
Construction Manager 6
0.0
279.00
Construction Representative 1
0.0
107.00
Construction Representative 2
0.0
119.00
Construction Representative 3
0.0
149.00
Construction Representative 4
0.0
161.00
CAD Technician / Design 1
0.0
117.00
CAD Technician / Design 2
0.0
153.00
CAD Technician / Design 3
0.0
187.00
Corporate Project Support 1
0.0
113.00
Corporate Project Support 2
0.0
136.00
Corporate Project Support 3
0.0
180.00
Intern / Coop
0.0
70.00
Senior Advisor
0.0
175.00
0.0
0.00
0.0
0.00
0.0
0.00
Total Labor
Subcontract Service
Subcontractor Subtotal
10 Percent Markup on Subcontract Services
Nonlabor Expenses
Nonlabor Expense Subtotal
0.0
Total Expenses (Subcontract Services+Markup+Nonlabor Expenses;
Amount
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL DUE THIS INVOICE $0.00
ATTACHMENT "C"
DEVELOPMENT SERVICES BRIDGE PLAN REVIEW
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
None.
ATTACHMENT "C°
Page 1 of 1
ATTACHMENT "D"
DEVELOPMENT SERVICES BRIDGE PLAN REVIEW
PROJECT SCHEDULE
Project Schedules will be as defined in the scope of work for each individual review
request.
ATTACHMENT "D°
Page 1 of 1
ATTACHMENT "E"
DEVELOPMENT SERVICES BRIDGE PLAN REVIEW
LOCATION MAP
This project is City -Wide. Individual project locations will be identified on a task order
basis.
ATTACHMENT "E"
Page 1 of 1
EXHIBIT F
CITY OF FORT WORTH
STANDARD INSURANCE REQUIREMENTS
(1) INSURANCE LIMITS
a. Commercial General Liability — Insured shall maintain commercial general
liability (CGL) and, if necessary, commercial umbrella insurance as follows:
$1,000,000 each occurrence
$2,000,000 aggregate
If such Commercial General Liability insurance contains a general aggregate
limit, it shall apply separately to this Project or location.
City shall be included as an additional insured with all rights of defense
under the CGL, using ISO additional insured endorsement or a
substitute providing equivalent coverage, and under the commercial
umbrella, if any. This insurance shall apply as primary insurance with
respect to any other insurance or self-insurance programs afforded to
City. The Commercial General Liability insurance policy shall have no
exclusions or endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertising injury, which are normally contained
within the policy, unless City specifically approves such exclusions in
writing.
ii. Insured waives all rights against City and its agents, officers, directors
and employees for recovery of damages to the extent these damages
are covered bythe commercial general liability or commercial umbrella
liability insurance maintained in accordance with Agreement.
b. Business Auto — Insured shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance as follows:
$1,000,000 each accident (or reasonably equivalent limits
of coverage if written on a split limits basis).
Such insurance shall cover liability arising out of "any auto", including owned,
hired, and non -owned autos, when said vehicle is used in the course of Insured's
business and/or the Project. If Insured owns no vehicles, coverage for hired or
non -owned autos is acceptable.
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by the business auto liability or commercial umbrella liability
insurance obtained by Insured pursuant to this Agreement or under any
applicable auto physical damage coverage.
CFW Standard Insurance Requirements Page 1 of 3
Rev. 5.04.21
c. Workers' Compensation — Insured shall maintain workers compensation and
employer's liability insurance and, if necessary, commercial umbrella liability
insurance as follows:
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Insured waives all rights against City and its agents, officers, directors and
employees for recovery of damages to the extent these damages are
covered by workers compensation and employer's liability or commercial
umbrella insurance obtained by Insured pursuant to this Agreement.
d. Professional Liability (Errors & Omissions) — Insured shall maintain
professional liability insurance as follows:
$1,000,000 - Each Claim Limit
$2,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to
the Commercial General Liability policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other
requirements. Coverage shall be written on a claims -made basis, and
maintained for the duration of the contractual agreement and for five (5) years
following completion of services provided. The policy shall contain a retroactive
date prior or equal to the Effective Date of the Agreement or the first date of
services to be performed, whichever is earlier. An annual certificate of insurance
shall be submitted to City to evidence coverage.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that Insured has obtained all required
insurance shall be attached to Agreement concurrent with its execution. Any
failure to attach the required insurance documentation hereto shall not
constitute a waiver of the insurance requirements.
b. Applicable policies shall be endorsed to name City as an Additional Insured,
as its interests may appear, and must afford the City the benefit of any
defense provided by the policy. The term City shall include its employees,
officers, officials, and agents as respects the contracted services. Applicable
policies shall each be endorsed with a waiver of subrogation in favor of City
with respect to the Project.
c. Certificate(s) of insurance shall document that insurance coverage limits
specified in this Agreement are provided under applicable policies
documented thereon. Insured's insurance policy(s) shall be endorsed to
provide that said insurance is primary protection and any self -funded or
CFW Standard Insurance Requirements Page 2 of 3
Rev. 5.04.21
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery. Insured's liability shall not be limited to the
specified amounts of insurance required herein.
d. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. City must
approve in writing any alternative coverage for it to be accepted.
e. A minimum of thirty (30) days' notice of cancellation or material change in
coverage shall be provided to City. A ten (10) days' notice shall be acceptable
in the event of non-payment of premium.
f. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A:VII or equivalent measure of financial strength
and solvency as determined by the City's Risk Management division.
g. Any deductible or self -insured retention in excess of $25,000 that would
change or alter the requirements herein is subject to approval in writing by
City, if coverage is not provided on a first -dollar basis. City, at its sole
discretion, may consent to alternative coverage maintained through insurance
pools or risk retention groups. Dedicated financial resources or letters of credit
may also be acceptable to City.
h. In the course of the Agreement, Insured shall report, in a timely manner, to
City's Risk Management Department with additional notice to the Contract
Compliance Manager, any known loss or occurrence which could give rise
to a liability claim or lawsuit against City or which could result in a property
loss.
i. City shall be entitled, upon its request and without incurring expense, to
review Insured's insurance policies including endorsements thereto and, at
City's discretion, Insured may be required to provide proof of insurance
premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a claims -
made basis, shall contain a retroactive date coincident with or priorto the date
of this Agreement. The certificate of insurance shall state both the retroactive
date and that the coverage is claims -made.
k. Coverages, whether written on an occurrence or claims -made basis, shall be
maintained without interruption nor restrictive modification or changes from
date of commencement of the Project until final payment and termination of
any coverage required to be maintained after final payments.
I. City shall not be responsible for the direct payment of any insurance
premiums required by Agreement.
m. Subcontractors of Insured shall be required by Insured to maintain the same
or reasonably equivalent insurance coverage as required for Insured. Upon
City's request, Insured shall provide City with documentation thereof.
CFW Standard Insurance Requirements Page 3 of 3
Rev. 5.04.21