HomeMy WebLinkAboutContract 39881CITV SECRETARY0000NTRACT NO.
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT
DENTON AND WISE
CONTRACT FOR PROFESSIONAL SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in
Tarrant, Denton and Wise Counties, Texas, hereinafter called "City," and Cotter Associates, LLC, a
Texas corporation, hereinafter called "Consultant" both parties acting herein by and through their
duly authorized representatives:
1. Scope of Services.
Consultant shall assist the City in preparing supporting documentation and application to
allow the City to participate in the Federal Emergency Management Agency's (FEMA) Community
Rating System (CRS). Consultant shall perform such services as described in Attachment "A".
2. Schedule and Term.
The Consultant is authorized to begin work upon execution of this Agreement as directed by
the City. The Consultant shall complete all tasks, otherwise called the Scope of Work, listed in
Attachment A as incorporated herein on or before February 28, 2010, unless otherwise agreed to
in writing by both parties.
3. Compensation.
a. The amount to be paid to Consultant for all services performed in the Scope of Work
shall not exceed twenty-three thousand dollars ($23,000), hereinafter- "Consultant's Fee." The
Consultant's Fee shall include all expenses incurred by Consultant on an hourly and expense basis as
OFFICIAL RECOL
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set out in the fee schedule as Attachment "B" as incorporated herein, in the accomplishment of
Section 1, Scope of Services, above, including any additional copies of Consultant' s assessment(s)
requested by the City. Such amount(s) as listed in Attachment "B" contemplates the provision of
full and complete consulting services for to achieve the successful accomplishment of the Scope of
Work. Any service deemed necessary by the Consultant, but beyond the stated Scope of Work must
be expressly authorized in writing by the City PRIOR to implementation of that service. The
City shall be billed monthly for the percent of work completed by the 25th of each month.
All application fees required by FEMA shall be paid directly by the City.
4. Data.
All documents and data prepared or furnished by Consultant and Consultant's independent
professional associates and subcontractors pursuant to this Contract are instruments of service in
respect to the Scope of Work in Section 1 herein and Consultant shall retain an ownership and
property interest therein. The City shall have the right to use and may make and retain copies of such
documents and data; however, Consultant does not warrant or represent such documents and data are
appropriate for reuse on other projects by City or by others.
5. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services
and work and the placing of all orders or the entering into contracts for all supplies, assistance,
facilities and materials in connection with the performance of this Contract and shall proceed to
cancel promptly all existing contracts insofar as they are chargeable to this Contract. If the City
terminates this Contract under this Section, the City shall pay Contractor for services actually
performed in accordance herewith prior to such termination, less such payments as have been
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previously made, in accordance with a final statement submitted by Consultant documenting the
performance of such work.
b. In the event no funds or insufficient funds are appropriated and budgeted by City in any
fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this
Contract shall terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to City of any kind whatsoever, except as to the portions of the payments
herein agreed upon for which funds shall have been appropriated and budgeted.
c. Upon termination of this Contract for any reason, Consultant shall provide the City with
copies of all completed or partially completed documents prepared under this Contract.
6. Indemnification.
Consultant shall release, defend, indemnify and hold harmless City and its officers,
agents and employees from and against all damages, injuries (including death), claims, losses,
demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any
way arising out of, related to, or caused by the negligent act or omission of Consultant, its
officers, agents, employees, or subcontractors.
7. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor and
not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the
exclusive right to control, the details of the work performed hereunder and all persons performing
same and shall be solely responsible for the acts and omissions of its officers, agents, employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of
respondeat superior shall have no application as between the City and the Consultant.
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8. Disclosure of Conflicts.
Consultant warrants to the City that it has made full disclosure in writing of any existing or
potential conflicts of interest related to the services to be performed hereunder. Consultant further
warrants that it will make prompt disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this Contract.
9. Right to Audit.
Consultant agrees that the City shall, until the expiration of three (3) years after final payment
under this Contract, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Consultant involving transactions relating to this Contract. Consultant
agrees that the City shall have access during normal working hours to all necessary Consultant
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. The City shall give Consultant reasonable advance
notice of intended audits.
Consultant further agrees to include in all its subcontractor agreements hereunder a provision
to the effect that the subcontractor 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 subcontractor involving transactions to the
subcontract, and further that City shall have access during normal working hours to all subcontractor
facilities and shall be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance
notice of intended audits.
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10. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior written
consent of the other party, and any attempted assignment, sublease or transfer of all or any part
hereof without such prior written consent shall be void.
11. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
Contract; venue for any action arising under the terms and conditions of this Agreement shall lie in
the state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
12. Severability of Provisions.
If any of the Provisions contained in this Agreement shall be held, for any reason, to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability,
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein
13. Sole Agreement.
This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties respecting
the subject matter.
14. Notices.
All notices required or permitted under this Contract may be given to a party personally or
by mail, addressed to such party at the address stated below or to such other address as one party
may from time to time notify the other in writing. Any notice so given shall be deemed received
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when deposited in the United States mail so addressed with postage prepaid:
CITY:
DEPARTMENT OF TRANSPORTATION AND PUBLIC WORK, CITY OF FORT WORTH
CLAIR DAVIS, FLOODPLAIN ADMINISTRATOR
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
CONSULTANT:
COTTER ASSOCIATES, LLC
BRIAN G. COTTER, MANAGER
1805 WEST PARK ROW DRIVE, SUITE C
ARLINGTON, TEXAS 76013
15. Parties Bound .
This Contract shall be binding upon the successors and assigns of both parties in like manner
upon the original parties.
EXECUTED on this, the /4- day of , 2010.
CITY OF FORT WORTH
c7s
C#Zmusss
Fernando Costa
Assistant City Manager
NO MC REQUIRED
APPROVED AS TO FORM AND LEGALITY:
Christa R. Reynolds
Assistant City Attorney
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COTTER ASSOCIATES, LLC
Brian G. Critter
Managing lia.rtner
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ested by:
y Hendrix9tCity Secretary
sa
Attest:
Marty Hendrix, City Secretary
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Attachment A
Scope of Work
1. CRS Application and Letter of Good Standing from
FEMA Region VI. CA will prepare CRS Application for
signature by City officials. CA will prepare a Letter to
FEMA Region VI requesting confirmation that the City of Ft
Worth is a community in good standing in the NFIP.
2. Activity 610—Flood Warning Program - Collect data and
report on the City of Ft Worth Flood Warning Program and
Emergency Warning Program
3. Activity 630—Dam Safety- Collect data and report on the
State Dam Safety Program, State of Texas Emergency Action
Plan, Dam Inspection Criteria,
4. Activity 310 —Elevation Certificates- CA will collect data
and prepare report on The City of Fort Worth Floodplain
departments collection of elevation certificates and that copies
are made available to the public upon request.
5. Activity 320 —Map Information- CA will collect data and
prepare report on The City of Fort Worth Floodplain
departments collection of FEMA FIRMS and that copies are
made available to the public upon request.
6. Activity 330 — Outreach Projects -Outreach project to send
written information to the community concerning flood
hazard insurance
7. Activity 340 —Hazard Disclosure Law - Collect data and
prepare report on The State of Texas Disclosure Statue
8. Activity 350 —Flood Protection Library - Collect data and
prepare report on City of Fort Worth Public Library collection
of flood protection literature and flood protection information
on the City Web site.
9. Activity 360 —Flood Protection Library - Collect data and
prepare report on City of Fort Worth staff visitations of flood
prone sites, drainage and sewer problems.
10. Activity 410 —Additional Flood Studies - Collect data and
prepare report on City of Fort Worth flood studies, for
mapping to a higher standard than FEMA mapping.
11. Activity 420 —Open Space Preservation - Collect data and
prepare report on City of Fort Worth land developments
standards requiring the preservation of open spaces in
floodplain land including deed restrictions limiting future
development.
12. Activity 430 —Higher Regulatory Standards - Collect data
and prepare report on City of Fort Worth land developments
standards including freeboard requirements, protection of
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floodplain storage capacity and natural beneficial functions,
Protection of critical facilities and certification of floodplain
staff maintaining their CFM status.
13. Activity 440 —Flood Data Management - Collect data and
prepare report on City of Fort Worth maintenance record on
survey benchmarks and availability of FEMA Firm Panels to
local Citizens.
14. Activity 450—Stormwater Management - Collect data and
prepare report on City of Fort Worth Floodplain Development
regulations regarding peak runoff from new development,
erosion control due to construction activities and
improvements to water quality.
15. Activity 530 —Flood Protection Information - Collect data
and prepare report on City of Fort Worth flood control
measures including channel modifications diversions and
storm sewer improvements.
16. Activity 540 — Drainage System Maintenance -Collect data
and prepare report including a copy of a typical Enforcement
Letter addressed to a citizen who has illegally placed fill in
the floodplain, The City of Fort Worth Floodplain
Development Permit. Collect data and prepare a report on
Drainage system Maintenance including Inspections,
Construction, Storm Observation/Operation and Funding of
said Maintenance
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Attachment B
Compensation Schedule
1. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.1 of the Scope of Services. The fee for this work shall be $900.
2. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.2 of the Scope of Services. The fee for this work shall be $1,500.
3. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.3 of the Scope of Services. The fee for this work shall be $1,500.
4. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.4 of the Scope of Services. The fee for this work shall be $1,500.
5. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.5 of the Scope of Services. The fee for this work shall be $900.
6. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.6 of the Scope of Services. The fee for this work shall be $1,500.
7. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.7 of the Scope of Services. The fee for this work shall be $1,200.
8. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.8 of the Scope of Services. The fee for this work shall be $1,500.
9. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.9 of the Scope of Services. The fee for this work shall be $1,500.
10. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.10 of the Scope of Services. The fee for this work shall be $1,500.
11. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.11 of the Scope of Services. The fee for this work shall be $1,500.
12. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.12 of the Scope of Services. The fee for this work shall be $1,500.
13. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.13 of the Scope of Services. The fee for this work shall be $1,500.
14. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.14 of the Scope of Services. The fee for this work shall be $1000.
15. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.15 of the Scope of Services. The fee for this work shall be $1,500.
16. Cotter Associates, L.L.C. will be compensated on a flat rate fee for the performance of
the work in Item 1.16 of the Scope of Services. The fee for this work shall be $1,500.
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