Loading...
HomeMy WebLinkAboutContract 39643STATE OF TEXAS § COUNTY OF TARRANT § 0 ReamR, - I SAW 6. KNOWN ALL BY THESE PRESENTS: KA THIS AGREEMENT, entered into the�3�day of 2009 by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Brown & Gay Engineers, Inc., an independent contractor "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 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 Lake Arlington Drainage Master Plan. ('Project"), Section 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 2 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 $95,390 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. OFFICIAL RECORD! CITY SECRETARY FT. WORTH, TX 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. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 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 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 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. Section 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. Professional Services Consultant Agreement Rev 10.6.09 Page 2 of 8 ARTICLE 6 INSURANCE Section 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 Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability given $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 Section 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, TPW Stormwater Management, Attention: Mr. Steven E. Eubanks, PE, 1000 Throckmorton 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. 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. Professional Services Consultant Agreement Rev 10.6.09 Page 3 of 8 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. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. ARTICLE 7 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 8 TERMINATION OF CONTRACT Section 1. City may terminate this Agreement for its convenience on 30 days' written notice. 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 Section 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. Professional Services Consultant Agreement Rev 10.6.09 Section 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 9 RIGHT TO AUDIT (a) 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. (b) 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 subconsultant, involving transactions to the subcontract, and further, that 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. City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants 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. ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (MIWBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. 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. Professional Services Consultant Agreement Rev 10.6.09 ARTICLE 11 OBSERVE AND COMPLY Page 5 of 8 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 ordmances 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 fiom 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 12 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 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed 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 14 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 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by delivery or 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: Mr. Steven E. Eubanks, PE TPW Stormwater Management 1000 Throckmorton Street Fort Worth, Texas 76102 Professional Services Consultant Agreement Rev 10.6.09 Consultant: Brown &Gay Engineers, Inc. Attn: James E. Brown, Jr., PE 108 W. 8 h Street, Suite 200 Fort Worth, TX 76102 ARTICLE 16 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 ARTICLE 17 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. (Remainder of Page Intentionally Left Blank) Professional Services Consultant Agreement Rev 10.6.09 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: Assistant City Manager RECOMMENDED: U� William A. Verkest., P. ., Dor Department of Transportation and Public Work APPROVED AS TO FORM AND LEGALITY: ATTEST: `tP Marty Hendrix City Secretary k 2-2wo3-'ZooC ' 'Im �� I Date Contract- Authorization Date Professional Services Consultant Agreement Rev 10.6.09 E� CONSULTANT: ames E. Bros President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT "A" SCOPE OF SERVICES • • ) •- Study- • 11 SCOPE OF WORK Task 1 —Project Management • Project Kick-off Meeting (1) • Monthly Status Reports (4) • Base Map and Conceptual Study Review Meeting (1) • Preliminary Study Review Meeting (1) • Final Study Review Meeting (1) • Public Meeting (1) • Coordination with Design Consultants performing Open Channel Studies and Minor Arterial Project within the Project Limits (4 Meetings) Task 2 —Data Collection • Research and obtain existing construction plans and plats to identify existing drainage facilities and easements • Obtain existing GIS data from the city including parcels, land use, impervious Surface, flood plain and flood way information, water and sanitary sewer • Obtain Existing Flood Study and Models for Dunbar Creels (WC=l), Wildcat Branch, Eastland Creek (VC4) and Prairie Dog Creek (VC-2) • Field Visit of project site with handheld GIS (TRIMBLE) to map (X & Y coordinates) and locate existing drainage facilities • Coordinate with the City regarding planned Gas Well Drilling and Gas Pipeline activity within the project limits • Obtain watershed boundaries and Drainage Area Maps from Design Consultants performing Open Channel Studies and Minor Arterial Project within the Project Limits • Field Surveying of Critical Drainage Structures Task 3 —Develop Base Map and Existing Drainage Area Map Using Rational Method from Data Collected Task 4 —Develop Base Map and Existing Drainage Area Map Using Rational Method from Data Collected Task 5 —Develop Potential Ultimate Developed Conditions Drainage Area Map Task 6 —Hydraulic Analysis of existing drainage features ATTACI IMENT "A" Page 1 of 2 Task 7 — Hydraulic Analysis of proposed drainage features assuming ultimate developed conditions ® Develop proposed improvement alternatives including hydraulic analysis ® Evaluate need and potential locations for regional detention Task 8 —Hydraulic Analysis %J future roadway improvements including evaluating impacts of roadway reconstruction with roadways with curb and gutter Task 9 —Develop Capital Improvement Plan for Master Plan Area ® Coordinate with Water Department for planned Water and Wastewater Improvments ® Develop and Prioritize Drainage Improvement Projects ® Develop and Prioritize Street Reconstruction Plan based on the recommendation of Task 7 Taslc 10 —Evaluate the Implementation of Development Impact Fees within Project Area Task 11 —Quality Assurance and Quality Control Procedures Task 12 —Develop and Finalize Lalce Arlington Drainage Master Plan Report ATTACHMENT "A" Page 2 of 2 Lake Arlington Drainage Master Plan Study Number - SWS=008 A. The Engineer shall be compensated a total project fee of $95,390.00, including a lump sum fee of $88,390.00 for Basic Services and $7,000.00 for Additional Services. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" for all labor materials, supplies and equipment necessary to complete the project. B. The Engineer shall be paid in accordance with "Exhibit B-1 ", Supplement to Attachment B. Each invoice from the Engineer shall be verified as to its accuracy and compliance with the terms of this contract by an officer of the Engineer. C. A summary of current hourly billing rates is provided in Exhibit "B-2". D. Professional Services Fee summary is provided in Exhibit "B-3". ATTACHMENT "B" Page 1 of 1 Lake Arlington Drainage asfer Plan Study Number - SWS-008 Method of Payment Partial payment shall be made to the Engineer monthly upon City's approval of an invoice from the Engineer outlining the percent complete of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: LUMP SUM - $95,390 The balance of fees, less previous payments, shall be payable after delivery of the FINAL report and electronic files. II. Progress Reports A. The Engineer shall submit to the designated representative of the Director of the Department of Transportation/Public Works monthly progress reports covering all phases of the analysis in the format required by the City. B. Periodic reports concerning MWBE participation shall be submitted as required by the MWBE Office. EXHIBIT "B-1" Page 1 of 1 .. LEMENT TO ATTACHMENT B) Study Numbe008 A summary of current hourly billing rates is provided below: Principal -in -Charge $180 — $200 Project Manager $140 — $160 Senior Professional Engineer $120 — $150 Junior Professional Engineer $100 — $120 Engineer -in -Training $90 — $105 Sr. GIS $100 — $140 Jr. GIS $80 — $100 Engineering Intern $45 — $55 CADD Technician $75 — $85 Clerical $45 — $55 EXHIBIT "B-2" Page 1 of 1 Lake Arlington Drainage Master Plan Study Number - SWS=008 TASK 1 DESCRIPTION Project Management FEE $ 51420 2 Data Collection $14,200 3 Field Surveys of Hydraulic Structures (Gorrondona Fee + 10%) $ 71700 4 Develop Base Map and Existing Drainage Area Map. Evaluate Hydrology Using Rational Method for Discharge. $ 65505 5 Develop Potential Ultimate Developed Conditions Drainage Area ap. Evaluate Potential Ultimate Developed Conditions Hydrology Using Rational Method for Discharge. $ 3,445 6 Hydraulic Analysis of existing drainage features $ 95850 7 Hydraulic Analysis of proposed drainage features assuming ultimate developed conditions $13,610 8 Hydraulic Analysis of future roadway improvements including evaluating impacts of roadway reconstruction with roadways with curb and gutter $ 5,560 9 Develop Capital Improvement Plan for Master Plan Area $ 91170 10 Evaluate the Implementation of Development Impact Fees within Project Area $ 61130 11 Quality Assurance and Quality Control Procedures $ 31980 12 eve op and Finalize Lake Arlington Drainage Master Plan Report $ 91820 EXHIBIT "B-3" Page 1 of 1 Consulting Firm Prime Consultant Brown &Gay Engineers, Inc. M/WBE Consultants Gorrondona &Assoc. Inc. Total for Professional Services Protect Description EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT B) Study Number 00 Prime Responsibility Engineering &Project Management Surveying Scope of Services Amount Percent $ 88,390 93% $ 95,390 100% M/WBE Total Fee Fee Percent Professional Services Engineering and Surveying $ 95,390 $ 7,000 7.3% Gorrondona and Asscoiates, Inc. shall participate in Task 3 as outlined in Attachment "A": Non-MWBE Participation WrOrM 0% EXHIBIT "B-3A" Page 1 of 1 M&C Review Page 1 of 2 e�fficial site of the City of Fort 4vorth, l"exas FU RT ti'�0 RT I 1 -- COUNCIL ACTION: Approved on 12/8/2009 _: ._. _. s .. DATE: 12/8/2009 REFERENCE **C-23939 LOG NAME: 20SWMWESTSHOREDRAINPLAN NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize an Agreement with Brown &Gay Engineers, Inc., in the Amount of $95,390.00 for the Lake Arlington West Shore Drainage Master Plan and Storm Water Study _ -- RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with - Brown &Gay Engineers, Inc., in the amount of $95,390.00 for the Lake Arlington West Shore Drainage Master Plan and Storm Water Study. DISCUSSION: In order to address neighborhood flooding, detailed drainage studies are required to determine runoff rates and flow depth, identify flooding areas and deficiencies in current drainage facilities and to develop a master plan for each neighborhood consisting of storm drain improvements, detention and other measures designed to reduce building and street flooding. In November 2007, a Request for Qualifications was advertised for neighborhood drainage studies. Twenty-three statements of qualifications were received and Brown &Gay Engineers, Inc., was selected to prepare the Lake Arlington West Shore Drainage Master Plan, Storm Water Study SWS-008. The scope of work will include limited surveying of existing drainage structures in the neighborhoods, development of a drainage study to determine runoff rates and locations and development of drainage master plan in order to identify future capital improvements and estimate project costs. Brown &Gay Engineers, Inc., proposes to perform this study for slump -sum fee of $95,390.00. City staff considers this fee to be fair and reasonable for the scope of services proposed, based on the size of the study area. The Storm Water Utility Operating Fund will be used to fund this study. Brown &Gay Engineers, Inc., is in compliance with the City's M/WBE Ordinance by committing to seven percent M/WBE participation. The City's goal for this project is seven percent. This project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Storm Water Utility Fund. TO Fund/Account/Centers Submitted for City_Manager's_Office by �ri_ginating Department Head: FROM_ Fund/Account/Centers PE69 531200" 0209202 $95,390.00 Fernando Costa (6122) William Verkest (7801) Additional Information Contact: http://apps. cfwnet. org/council�acicet/mc_review. asp?ID=1203 9&councildate=l2/8/2009 12/9/2009 M&C Review Page 2 of 2 Greg Simmons (7862) ATTACHMENTS SWS 0.0__8_ Lake. Arlington Map._pdf http://apps.cfwnet.org/council�acket/mc_review.asp?ID=12039&councildate=l2/8/2009 12/9/2009