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HomeMy WebLinkAboutContract 54186 07/24/20 CSC No. 54186 10:00 am CITY OF FORT WORTH, TEXAS AGREEMENT FOR EMERGENCY PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Freese and Nichols, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Emergency Streambank Stabilization for Two 90-inch Sanitary Sewer Mains (July 2020). Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Emergency Streambank Stabilization for Two 90-Inch Sanitary Sewer Mains Project (July 2020). (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 II Compensation Consultant shall be compensated an amount up to $194,140.00 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". 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. Article III Term Unless terminated pursuant to Article Vill herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth,Texas OFFICIAL RECORD Agreement for Emergency Professional Services Revision Date:11.07.17 CITY SECRETARY Page 1 of 8 FT. WORTH, TX 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 the work to be performed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO FUND THE DEFENSE OF, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AND EMPLOYEES, HARMLESS AGAINST CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES TO THE EXTENT CAUSED BY CONSULTANT'S BREACH OF (i) THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITr OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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 $2,000,000 aggregate City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 2 of 8 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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 3 of 8 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 redacted 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 Vill Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 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 City chooses to terminate this Agreement, 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 II 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. City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 4 of 8 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. (4) Notwithstanding the foregoing, City's right to audit shall not extend to proprietary information such as the composition of the amount of Consultant's fixed rates and fees, standard charges, and percentage multipliers. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 5 of 8 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 Immigration Nationality Act Consultant 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, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant 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 Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have-the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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 XV 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 City of Fort Worth,Texas Agreement for Emergency Professional Services Revision Date:11.07.17 Page 6 of 8 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 XVI 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: Chris Harder, P.E. Water Department 200, Texas Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Nicholas Lester, P.E. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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 Agreement for Emergency Professional Services Revision Date:11.07.17 Page 7 of 8 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement. Attachment A - Scope of Services & Project Schedule Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Freese and Nichols, Inc. Danaana Bur Bura�l�A�LGz'0� ghdoff(J 3,2020).f:35 CDT) A Dana Burghdoff Nicholas Lester, P.E. Assistant City Manager Vice President Jul 23, 2020 7 /2- 7- A D Date: Date: APPROVAL RECOMMENDED: APPROVED AS TO FORM AND LEGALITY B�ristopher Hard (Ju123,202011.43 CDT) �M.e._.a.zee Chris Harder, P.E. DBl (JU123,202016:D3 CDT) By: Director, Water Department Doug Black Senior Assistant City Attorney Contract Compliance Manager: By signing, I acknowledge that I am the M&C No.: N/A(Attached 07/10/20 Emergency Memo) person responsible for the monitoring and administration of this contract, including M&C Date: N/A(Attached 07/10/20 Emergency Memo) p4U�n ensuring all performance and reporting , *FoRr�na requirements. ��oo°°°°°°°°°�oa�d ATTEST: o ��d �V° 0=0 0 Q a 0 q Goa*°°° °° Tony Sholola, P.E. `1 � aaa4 nFXpggd� Assistant Director Mary J. Kayser City Secretary City of Fort Worth,Texas OFFICIAL RECORD Agreement for Emergency Professional Services Revision Date:11.07.17 CITY SECRETARY Page 8 of 8 FT. WORTH, TX ATTACHMENT A DESIGN SERVICES FOR TWIN 90•INCH EMERGENCY BANK STABILIZATION ATTACHMENT A Scope for Engineering Design Related Services for Water and/or Sanitary Sewer Improvements DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION (JULY 2020) 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 8. Engineering Services to Address Failure of Existing Shoring and Damaged Pipe TASK 8. ENGINEERING SERVICES TO ADDRESS FAILURE OF EXISTING SHORING. The Engineer will provide the following engineering services in assisting the City due to the failure of the existing shoring: ■ Assist the City in developing options for restraining the existing shoring from additional failure. ■ Assist the City in developing an emergency bypass plan to reroute flow around the damaged section of the existing 90-inch sewer. ■ Assist the City in developing design plans to replace the failed existing 90-inch sewer (STA 2+83.09 to STA 6+58.24). ■ Provide construction staking for proposed sewer replacement. ■ Prepare As-Builts of proposed improvements including top of pier cap, top of wall, "J" hooks and rip rap. ■ Attend weekly strategy meetings on-site (up to 8). ■ Provide additional RPR services for stabilization of the shoring and for the removal and replacement of the damaged section of the 90-inch sewer(20 hours per week for four weeks). ■ Conduct on-site observations of the Work in progress to determine if the Work is in general compliance with the Contract Documents. City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 3 ATTACHMENT A DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION ASSUMPTIONS A. CCTV and/or cleaning of the existing 90-inch sewer to be performed by others. B. Pothole to locate top of pipe elevations along 90-inch sewer to be performed by others. C. Notification to TCEQ will not be required as the construction required to restore the 90-inch sewer is considered maintenance work. DELIVERABLES A. Schematic design for replacing the damaged sections of the existing 90-inch sewer. City of Fort Worth,Texas Attachment A PMO Release Date:08.1.2014 Page 2 of 3 ATTACHMENT A DESIGN SERVICES FOR TWIN 90-INCH EMERGENCY BANK STABILIZATION ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES 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: • Negotiation of easements or property acquisition including temporary right-of- entries • Services related to development of the CITY's project financing and/or budget • Services related to pre-qualification, advertising, bid openings and protests, bid rejection and re-bidding of the contract for construction, or any disputes thereof • Construction management and inspection services • Design phase public meetings • Performance of materials testing or specialty testing services • Services necessary due to the default 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 (i.e. TxDOT, railroad, etc.) • Services related to Subsurface Utility Engineering Levels A, B, C or D • Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries ti • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY • Preparation of Environmental Permitting • Review of additional shop drawings and preparation of additional change orders 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 3 of 3 approaches FREESE Innovative Practical results N00111.0NICHOLS Outstanding service 4055 International Plaza,Suite 200 • Fort Worth,Texas 76109 • 817-735-7300 • fax 817-735-7492 www.freese.com P4?TNCHMENT 6 July 22, 2020 Mr.Tony Sholola, P.E. Assistant Director,Water Department City of Fort Worth 311 West 10th Street Fort Worth,TX 76102 Re: Twin 90"Sewer Pipes Emergency Bank Repairs at Sanders Street(July 2020) Dear Mr. Sholola: Freese and Nichols, Inc. (FNI) is providing this proposal for the Engineering Design Services for the Twin 90"Sewer Pipes Emergency Bank Repairs at Sanders Street.The following fee includes the costs for engineering services to address the failure of the existing shoring and pipe. A summary of the additional costs is shown below: Item Fee Engineering Services to Address Failure of Existing Shoring $194,140 Total $194,140 Freese and Nichols, Inc. appreciates this opportunity and we would like to meet with you to discuss these additional at your convenience. Sincerely, Nick Lester, P.E. Vice President Attachments Level of Effort Spreadsheet Attachment A-Scope [FTW19581] T:\1.01 Contracts\Twin 90" Sewer Pipes Emergency Bank Repairs at Sanders Street !- )\�\ !«&» !!!!!!¥E!! }& ! ) 2f :, ®* ,Ei ol � 0 � �2mo � / in M, 2#3�m ) m;uo R \2/§ �ID>M 0 (�k\ } lillill I L IV I }\\FF. )) ( } \ � t M. , } ! ; w +°®MM !)/ 81 //2„ƒ E go(�\()!! ; INTEROFFICE MELT® Date: July 10,2020 To: Dana Buighdoff,Assistant City Manager From: Chris Harder,P.E.,Water Director Via: Doug Black, Sr.Assistant City Attorney Cynthia Garcia,Assistant Director,Purchasing Subject: Trinity River Bank Erosion Affecting M-280-B and M-338-B—Emergency Response On June 27—June 29,a major rain event flooded the job site resulting in destruction of the access ramp to the edge of the river and damaging the sheet pile cutoff wall that provided temporary support for the two sewer mains. In addition, the 90-inch sewer main closest to the river developed cracks with raw sewage flowing into the river. It is imperative that the damaged section of the sewer main be replaced as soon as possible. This memo is submitted to request authorization for emergency procurement of services outlined below,at a cost of approximately$1,800,000.00. The consequences of additional failure of one or both of the 90" pipes—resulting in raw wastewater flowing into the Trinity River are dire and such must be prevented. Under this emergency memorandum,the Water Department will: 1. Implement round the clock by-pass pumping to divert sewer flow away from the damaged pipe until it is replaced. By-pass pumping will be conducted by the team of Xylem, Inc. and Circle C Construction with Circle C as the prime contractor.Pipe replacement will be performed by Circle C Construction.The estimated cost of the by-pass pumping and pipe replacement is$1,600,000.00. 2. Engage Freese and Nichols,Inc.to provide design forreplacement of the damaged section of pipe, assist with developing a plan for restraining the shoring fi•om additional failure, survey to the centerline of both sewer mains,assist with the development of the by-pass pumping plan and attend weekly on-site strategic meetings with all stake holders until the original construction resumes.The estimated cost of this effort is$200,000,00. 1 The City is exempt from competitive bidding when an emergency threatens the city's property or the public t health of the citizens. These emergency contracts to address the failing cutoff walls, establishing by-pass j pumping and repairing the cracked pipeline furthers the interest of protecting the public health and safety i of the City as well as being necessary to protect the city's property, Chapter 2,Article 1,Section 2-9 at(9) of the City's Code of Ordinances and Section 252,022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect file city's property and the F. public health or safety of the municipality's residents. r it i A confirming M&C will be circulated to ratify the above activities after the work has been performed. . i APPROVED FOR EME RGE NCY PRO CURE,ME NT: Recommended. Christopher Hud (Ju110•IOIO ULU COT1 Chris rder,Director,Water Department Approved as to form and Legality: DBt.d(Ju113,201012:16 CDT) Douglas W.Black,Sr.Assistant City Attorney Approve: �7 '— Cynthia Garcia,Assistant Director,Purchasing Approve: n—F.qWr R(1,:I.,i,'o 1 13COT) , Dana Burghdoff,Assistant City Manager it i • I !i I t