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HomeMy WebLinkAbout065016 - Construction-Related - Contract - Tetra Tech, Inc.CSC No. 65016 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 Tetra Tech, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: La Frontera Lift Station and Force Main — Project No. 103139. 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 $99,979.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort worth, OFFICIAL RECORD La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 1 of 14 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. City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 2 of 14 (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. 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 City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 3 of 14 deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 4 of 14 I. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE Engineer shall not commence work obtained all insurance required under such insurance. L. Independent Consultant City of Fort Worth, Standard Agreement for Engineering Related Design Services Revised Date: August 18, 2025 Page 5 of 14 under this Agreement until it has Attachment F and City has approved La Frontera Lift Station and Force Main CPN 103139 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 respondent superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 6 of 14 A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. 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 City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 7 of 14 claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 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. City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 8 of 14 J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 9 of 14 b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual 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. City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 10 of 14 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 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 City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 11 of 14 ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies 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 City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 12 of 14 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 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 — Location Map Attachment E - Insurance Requirements City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 13 of 14 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 L. McEachern Assistant City Manager Date: 04/09/2026 ATTEST: 'o OF ........ Ada l _Fg Jannette Goodall °°°nEXp5Qa City Secretary APPROVAL RECOMMENDED: By: C— ir�stopher Harder ( r 1, 2026 07:25.01 CDT) Christopher Harder, P.E. Director, Water Department APPROVEDASFORM AND LEGALITY IS Douglas Black (Apr 2, 2026 18:45:38 CDT) Douglas W Black Sr. Assistant City Attorney Contract Compliance Manager: BY: ENGINEER Tetra Tech, Inc. Mike McClung, PE, CFM, Env. Sp. Director, Water Business Unit Date: 03/26/2026 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. /Ic, OFFICIAL RECORD Walter Norwood, P.E. CITY SECRETARY Project Manager FT. WORTH, TX City of Fort Worth, La Frontera Lift Station and Force Main Standard Agreement for Engineering Related Design Services CPN 103139 Revised Date: August 18, 2025 Page 14 of 14 ATTACHMENT A Scope for Design and Bidding Phase Related Services for Sanitary Sewer Improvements CONSTRUCTION AND BIDDING PHASE SERVICES FOR LA FRONTERA LIFT STATION AND FORCE MAIN, CITY PROJECT NO.: 103139 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. WORK TO BE PERFORMED Task 0. Project Management Task 1. Final Design & Permitting Task 2. Bid Phase Services Task 3. Support Services Task 4. Personnel Task 5. Summary of Cost TASK 0. PROJECT MANAGEMENT The ENGINEER will support the management of the project through all phases as follows. 0.1 Client and Subconsultant coordination • The ENGINEER shall perform project administrative and management duties including project controls, subconsultant management and coordination • The ENGINEER shall attend up to four (4) progress/status meetings with the CITY and other staff during the design and bid phase of the project • The ENGINEER shall provide monthly progress reports to the CITY to support monthly billings 0.2 Oversight and Quality • The ENGINEER shall develop and maintain a work plan, project task schedule and quality control program during the course of the project TASK 1. FINAL DESIGN & PERMITTING The ENGINEER will support the final design and permitting phase of the project as follows. 1.1 Submit RULIS permit application to TxDOT • The ENGINEER shall finalize all plans and contract documents before submitting to TxDOT • The ENGINEER shall address TxDOT comments up to two (2) rounds Attachment A City of Fort Worth Design Completion Contract 03.16.2026 Page 1 of 6 1.2 Final Plans and Contract Documents • The ENGINEER shall finalize all plans and contract documents incorporating sanitary sewer connection by others • The ENGINEER shall prepare contract manual and bid form in City of Fort Worth standard format • Final Design Drawings shall be submitted in Adobe Acrobat PDF format (version 6.0 or higher) and uploaded to eBuilder/Trimble ASSUMPTIONS • The project will be bid only once and awarded to one contractor. • One (1) set of plans will be delivered to the City. TASK 2. BID PHASE SERVICES. The ENGINEER will support the bid phase of the project as follows. 2.1 Bid Support • The ENGINEER shall upload all plans and contract documents for access to potential bidders. • A Bid Proposal Worksheet Template will be populated in excel format and configured so that all pages are complete and the Summary Worksheet(s) in the workbook detail and automatically summarize the totals from the inserted Unit Price Proposal document worksheets. • Plan Sets are to be uploaded in .pdf format. The .pdf will consist of one file of the entire plan set. • The ENGINEER shall assist in answering bidders' questions and requests for additional information. The ENGINEER will provide technical interpretation of the contract bid documents and will prepare proposed responses to all bidder's questions and requests, in the form of addenda. The ENGINEER shall provide all approved addenda to the City. • The ENGINEER shall attend the Prebid conference virtually in support of the CITY. • The ENGINEER shall assist the CITY in determining the qualifications and acceptability of prospective contractors, subcontractors, and suppliers. • When substitution prior to award of contracts is allowed in the contract documents, the ENGINEER will advise the CITY as to the acceptabilityof alternate materials and equipment proposed by bidders. • The ENGINEER shall tabulate and review all bids received for the construction project, assist the CITY in evaluating bids, and recommend award of the contract. A copy of the Bid Tabulation will be uploaded into the project's Bid Results folder. • The ENGINEER shall incorporate all addenda into the contract documents and issue conformed sets. Attachment A City of Fort Worth Design Completion Contract 03.16.2026 Page 2 of 6 DELIVERABLES A. Addenda (if applicable) B. Bid tabulations C. Recommendation of award D. Construction documents (5 x'/2 size sets and 1 full size set of conformed plans) TASK 3. SUPPORT SERVICES - SURVEY. The ENGINEER shall additionally support the project as follows. 3.1 Coordination and review of updated easement documents to include one (1) Temporary Construction Easement 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: • Construction phase services for construction of the force main • Environmental compliance needs • Public hearings or City Council/Commission meetings • Preparing agendas and minutes for monthly progress meetings • Utility coordination meeting(s) to start relocation process with affected franchise utilities. • Preparation of Storm Water Pollution Prevention Plans (SWPPP) • Landscape design services. • Materials testing TASK 4. PERSONNEL See level of effort. TASK 5. SUMMARY OF COST See level of effort. Attachment A City of Fort Worth Design Completion Contract 03.16.2026 Page 3 of 6 ATTACHMENT B TETRA TECH March 16, 2026 Mr. Walter Norwood Senior Project Manager City of Fort Worth 200 Texas St Fort Worth, TX 76102 RE: Professional Engineering Scope and Fee Proposal — La Frontera Regional Lift Station and Force Main Improvements CPN 103139 Dear Mr. Norwood: Thank you for the opportunity to submit this proposal for providing professional services for the La Frontera Lift Station and Force Main Improvements Final Design and Bid Phase Services. Introduction RPS Infrastructure, recently acquired by Tetra Tech, Inc. was engaged by La Frontera LLC to design a regional lift station to serve La Frontera development and future adjacent developments within the defined basin. This project has been completed through comprehensive technical review by IPRC and Water Operations and the design process is nearing completion. After internal coordination within the City of Fort Worth Capital Projects team, it was determined that this project be executed as a capital project. As a result, the current Design Procurement Agreement (DPA) that was held with the developer will be canceled and a new agreement directly with the City of Fort Worth will be executed for Final Design and Bid Phase Services. A Construction Phase Services contract will be executed at a later time. The scope of this project is for the future lift station only with the design and construction of the force main to be completed by others. Scope of Work Tetra Tech and their subconsultants will provide the services defined in Attachment A to support the City of Fort Worth. Summary of Cost The proposed total compensation for the above scope of services is $99,979. These services will be completed based on lump sum. The fee is itemized as follows: Task 0 Project Management $3,520 Task 1 Final Design & Permitting $81,064 Task 2 Bid Phase $10,052 Tetra Tech, Inc. 5810 Tennyson Parkway, Suite 2802; Plano, Texas 75024 Tel 972.202.4242 1 tetratech.com Task 3 Support Services - Survey $1,624 Again, we appreciate the opportunity to provide this new agreement and are available at your convenience to answer any questions. Please do not hesitate to contact me directly with any questions or concerns at 281.902.3555 or mike.mcclung@tetratech.com. Respectfully, Mike McClung, PE, CFM, ENV SP Director, Water Business Unit Attachments Attachment A. Scope of Services Attachment B. Level of Effort Attachment C. Level of Effort: Support Services ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Water Dept. Fees % Prime Consultant Tetra Tech, Inc., 1 $ 99,979.00 Proposed Sub -Consultants TOTAL $ GRAND TOTALI $ 99,979.00 Non-MBE/SBE Consultants $ - TOTAL $ GRAND TOTALI $ 99,979.00 Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % La Frontera Lift Station and Force Main — Project No. $ 99,979.00 $ - 103139 City MBE/SBE Goal = Consultant Comitted Goal = EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Design Services for La Frontera Lift Station and Force Main City Project No. 103139 Lump Sum Project Compensation A. The ENGINEER shall be compensated a total lump sum fee of $99,979.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Water Department monthly progress reports and schedules in the format required by the City. �k)0 «E{ ;�e. §� U)WU� ER)� )S2 k)k\ [ ,- 2. «3 !« );;§ ±s! \)\\ M E z U) a N N Q O 2 a) x d O F LL # .. C N C V O U E z 7LL F 07.. >, a > a) „ z c wsW_000 d Q d d d U U U U U E _U cL Qa TZ i O _T i � U U) U) Cm U) U) s 0 C_ G1 O rn � G E m d m R' C N O U � O 7 > U � D _T N _U O O > O C > _ N w'a` C = i a a m -• c N 0 7 � a o J O Q U O 0 o N C O � E Q 0 0 C O O 7 rn 0 Q Q C O Q •L U W N 0 41 Q. Y C is LL 0 .r N a M V a a VI f0 a n Gi Y Y Y Y Y t 1-1 U m s U ami � m T v 'o v d` 3 v m 0 m c C v m m c m w o ` a U m v w y o C � 0 0 Z 5 E E v m c m 72 o m 3 az 2 u o o¢ N O T O C q Z m � O O �- c N G N O Q t Ul O_ LL U O X E o E vm d p v0HLL w f6 C O 41 � U J O w C � 9 U O ci U- co F _ co m 'o J F Y E s6yE C U^ am R 022H O d£ a E v Z g .2 a .. N > � mmyd(Dm V� LL y V) L •Q •a .2.2.2 O O �. O p' 7 O 7 7 N N N� d a 53. ii Ud CU V)V/LL V/V15 m dm E� (Dm � C V — a _ N _U O > O C > y c � U N a ti a p N 7 J E E Q U i N E N 7 m m O p m a Q Q C m c v0 O E Q Q C E E E c N E Z Q 0 C N C N m L 0 tm Q a 0 3 O U p y � p a C d G- N d CD m d a m O ATTACHMENT C CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for La Frontera Regional Lift Station City Project No. 103139 No Changes City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page I of I ATTACHMENT D 100 0 m r- MJ � � w Q N 3I Legend of ® Proposed Culvert I I 1.1 o--------- Lift Station Access Road Creeks/Channels „I 5 Existing Culverts Easement ; F Disturbed Area m FEMA Flood Zone 1 AE, C � V U 0 Project Location 13 J; L VC LL i� 3- 6' X 5' R C B I ' I I I 4 we 0A AMA ?r OTETRA TECH till 0 9� FEMA Flood Zone Map LA FRONTERA REGIONAL aA DEVELOPMENT LIFT STATION RVS PROJ. NO.'000010 EXHIBIT SCALE :1'=200 feet �a OATE: NOVEMBER 2024 ATTACHMENT E CERTIFICATE OF INSURANCE Design Services for La Frontera Lift Station and Force Main Project City Project No. 103139 City of Fort Worth, Texas Attachment F PMO Release Date: 05.19.2010 Page t of 1 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Tetra Tech, Inc. Subject of the Agreement: La Frontera Lift Station and Force Main M& Approved by the Council? * Yes ❑ No 21 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes R] No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes 21 No ❑ If only specific information is Confidential, please list what information is Confidential and the page it is located. Page 28 Effective Date: N/A If different from the approval date. Expiration Date: N/A If applicable. Is a 1295 Form required? * Yes ❑ No ❑✓ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: Ifapplicable. 103139 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.