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HomeMy WebLinkAboutContract 47788 X01® II ECRt4a MY C0MTRACT Wo �� Z CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Hayden, Consultants, Inc., authorized to do business in Texas, an independent contractor("Consultant"), for a PROJECT generally described as Tunnel Survey on M-253 Sewer Replacement Project. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Tunnel Survey on M-253 Sewer Replacement Project. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article 11 Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $10,500.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort worth,Texas OFFICIAL RECORD RECEIVED Standard Agreement for Professional Services Revision Date:9/24/2014 CITY SECRETARY Page 1 of 8 MAY 112016 FI'.WORTH,TX rITYO FORTWORTH — — — _- 01TYSFCRE7IInY Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 60 days, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the City of Fort Worth Water Department, Attention: Mr. Walter Norwood, P.E., 311 W. 10th Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 e. 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. f. 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. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local 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. Consultant 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. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Walter Norwood, P.E. Water Department 311 W. 10th Street Fort Worth, Texas 76102 Consultant: Hayden Consultants, Inc. Attn: Angela Lang Matthews, P.E. 5005 Greenville Avenue Ste 100A Dallas, Texas 75206 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 7 of 8 Article XVII Counterparts 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. Executed and effective this the/(r-' day oy/ , 2016. BY: BY: CITY OF FORT WORTH Consultant: Hayde onsultants, Inc. Rach aY e P.E Jesus J. Chapa President Assistant City Manager �, /�, ��- Date: Date: APPROVAL RECOMMENDED: Christopher Harder, P. E. Acting Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By: ,�?� M&C Date: N/A Doug Black Senior Assistant City Attorney ATTEST: © - Vi ' . 0 � o o d City Secretary $�o00 0000 V City of Fort Worth,Texas Standard Agreement for Professional Servicesf�, 4 Revision Date:9/24/2014 41 ����� �G�i 1UL��� Page 8 of 8 VY. U6 Rymv YN ATTACHMENTA PROFESSIONAL SERVICES FOR TUNNEL SURVEY ON M-253 SEWER REPLACEMENT PROJECT CITY PROJECT NO.;1099 ATTACHMENT A Scope for Professional Survey Services PROFESSIONAL SERVICES FOR TUNNEL SURVEY ON M-253 SEWER REPLACEMENT PROJECT CITY PROJECT NO.: 1099 The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. UNDERSTANDING OF SCOPE OF WORK The CITY is requesting the survey field data collection of horizontal and vertical points along the M-253 Sewer replacement tunnel that is currently under construction. M-253 Sanitary Sewer Replacement, Part 3 is the proposed improvements to the sewer line along Randol Mill Road as designed by TranSystems in February 2014. On the provided plan sheets, the proposed sewer line is described as a 36" Sewer line w/ 60" Steel Casing to be installed by Other than Open Cut. The CONSULTANT's understanding is the Contractor has chosen Tunneling for construction. The CITY requested survey shots at the Tunnel Access Shafts and along Station 319+75 to Station 336+81 of the proposed alignment. The survey shots are to provide verification of proper alignment of the tunnel through the 1,706 LF section of the proposed design. WORK TO BE PERFORMED TASK 1. SURVEY SERVICES. CONSULTANT will provide survey support as follows. 1.1. Survey of Tunnel • CONSULTANT is providing survey to verify the grade and alignment of the newly constructed tunnel. CONSULTANT will provide a project-specific Safety Plan, On-site Safety Officer, and a 2-man survey crew with Confined Space Certification. • The team will set control based on the control points and benchmarks shown on the M- 253 Sewer design plans (dated 2014). • The team will also determine vertical (elevations) points and horizontal (coordinates) points using GPS equipment at the tunnel access shafts and conventional survey equipment within the tunnels. The CONSULTANT will scan the tunnel at 200-ft intervals along the tunnel. The scans will collect multiple point cloud data to record the "shape" of the tunnel. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 4 ATTACHMENTA PROFESSIONAL SERVICES FOR TUNNEL SURVEY ON M-253 SEWER REPLACEMENT PROJECT CITY PROJECT NO.; 1099 • CONSULTANT will also collect data of the centerline elevations along the tunnel to assist the City in determining grade. After field services have been completed, the survey points will be processed into CAD and text format. • The effort of this work will take 3 days in the field and 4 days in office for Safety plan, processing, and exhibits. • The minimum survey information to be provided on the CAD drawings shall include the following: — Control Point Information used from M-253 Sewer Replacement Plans (Feb 2014); a. Identified (Existing. CITY Monument#8901, PK Nail, 5/8" Iron Rod) b. X,Y and Z Coordinates, in an identified coordinate system, and a referred bearing base. Z coordinate on CITY Datum only. — Coordinates on all P.C.'s, P.T.'s, P.I.'s, Manholes, etc., in the same coordinate system, as the Control. — No less than two horizontal bench marks. — Bearings given on all proposed centerlines, or baselines. ASSUMPTIONS • Project site is made accessible by Contractor including ladders and other safety apparatuses at each Access Shaft and along tunnels. • Tunnels are properly ventilated and lit throughout alignment • Tunnels are reinforced with Tunnel liner plates or lag & beam supports • The Tunnels are not below Groundwater Table and Groundwater has not been present in Tunnels • Deliverables are in electronic format. • CONSULTANT staff will have their own Personal Protection Equipment (Hard Hat, Safety Vests, Boots, Gas Detector). • CONSULTANT staff will provide their own Survey equipment All additional time or request for services will be subject to CONSULTANT's standard hourly rates. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 4 ATTACHMENTA PROFESSIONAL SERVICES FOR TUNNEL SURVEY ON M•253 SEWER REPLACEMENT PROJECT CITY PROJECT NO.: 1099 DELIVERABLES A. Copies of field survey data and notes in text files and CAD Format. The data collected from each scan will be recorded in point clouds that can be read in 3D CAD format. B. Exhibits in PDF Format will reference the Plan-Profile background of the M-253 Sewer Replacement plans (TranSystems, February 2014). CONSULTANT will provide a. Survey points for the Tunnel Horizontal Alignment overlaying the Design plan view. b. Survey Tunnel centerline grade elevation overlaying the Design profile view. c. Cross-sections at approximately 200-ft intervals with at least 4 points on the quadrant representing the "shape" of the tunnel. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the CONSULTANT 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: • Negotiation of easements or property acquisition including temporary right-of- entries. • Services related to development of the CITY's project financing and/or budget. • Construction management and inspection services • Periodic site visits during construction phase • Performance of materials testing or specialty testing services. • Services necessary due to the fault of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to additional topographic or boundary survey services beyond abovementioned Tunnel Survey • Services related to Utility Coordination • Services related to Survey Construction Staking City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 3 of 4 ATTACHMENT A PROFESSIONAL SERVICES FOR TUNNEL SURVEY ON M•253 SEWER REPLACEMENT PROJECT CITY PROJECT NO.: 1099 • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 4 of 4 ATTACHMENT B Professional Services for Tunnel Survey for M-253 Sewer Replacement City Project No. 1099 Lump Sum Project I. Compensation Hayden proposes the fee of$10,500, for the survey services of this scope to survey the tunnel alignment for the M-253 Sewer replacement project. 11. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Hayden Consultants Survey $10,500 100 Proposed MBE/SBE Sub-Consultants N/A N/A N/A Non-MBE/SBE Consultants TOTAL $10,500 100%