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HomeMy WebLinkAboutContract 55166 CSC No.55166 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Alfred Benesch & Company, authorized to do business in Texas ("Consultant'), for a PROJECT generally described as: Review of draft Comprehensive Sidewalk Policy. 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 'W'. These services shall be performed in connection with Capital Projects Professional Services SOQ executed in 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 $5,066.00 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 VIII 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 Standard Agreement for Professional Services Revision Date:11.07.17 Page 1 of OFFICIAL RECORD CITY SECRETARY 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 DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITIO 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 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) 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 Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 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. 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 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 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: Julia M. Ryan, AICP Transportation and Public Works Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Alfred Benesch & Company Attn: Jeffery A. Sockel, PE 14748 West Center Road, Suite 200 Omaha, NE 68144 Article XVII Prohibition On Contracts With Companies Boycotting Israel Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor 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, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, Contractor: (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 Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 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 Attachment B— Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map 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 Alfred Benesch & Company Dana Burghdoff(Jan 13,20 17:03 CS Dana Burghdoff Jeffery A. Sockel, PE Assistant City Manager Sr Vice President/ Sr Project Manager Date: Jan 13,2021 Date: 12/15/2020 APPROVAL RECOMMENDED: ByWilliam Johnw (Jan 13,2021.:aa William Johnson Director, Transportation and Public Works City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8of9 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. requirements. _� M&C No.: is Ryan M&C Date: 'L—c, I Complete Streets Program Manager APPROVED AS TO FORM AND LEGALITY ATTEST: oa4�FORt��a fvt� Rarut�A. C,o�^uza�s� ado o O��d B\I: DBlack(Jan 13,202114:15 CST) r Ronald P.Gonzales(Jan 4,2021 07:22 CST) �o o'j' S o 0 Doug Black Mary J. Kayser vOa4 o c cf Assistant City Attorney City Secretary Va °°O°0000°°°o aZt nEXAso4' City of Fort Worth,Texas Standard Agreement for Professional Services Revlsinn Date 11.07.17 Page 9 of 9 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX benesch Alfred Benesch&Company *014748 W.Center Road,Suite 240 Omaha,NE 68144-2029 www.benesch.com P 402-333-5792 F402-333-2248 ATTACHMENT A Julia M. Ryan,AICP Complete Streets Program Manager City of Fort Worth Transportation and Public Works Department 200 Texas Street Fort Worth,Texas 76102 RE: Professional Services Request-ADA/RAS Comprehensive Sidewalk Policy Review Dear M. Ryan, Alfred Benesch &Co. (Benesch) appreciates the opportunity to submit this proposal to provide the following on- call professional services to assist the City of Fort Worth (City) with a review of the City's draft Comprehensive Sidewalk Policy for consistency with current adopted ADA guidelines and requirements as outlined in coordination with the City's Capital Projects Professional Services SOQ. Our project team for this task assignment will be led by Jeff Sockel, PE. Jeff will be supported by members of our professional engineering team experienced in ADA compliance and design and construction of pedestrian facilities.The following outlines the specific scope of work to be performed. Policy Review.........Benesch shall perform a technical review of the City's draft Sidewalk Policy (previously provided)to evaluate consistency and conformance with current ADA guidelines as published by the United States Department of Justice. Meetings...............Benesch shall participate in up to four (4) hours of telephone or video conference meetings to discuss the Policy content and comments All services provided will be determined and performed solely at the discretion and direction of the City. We proposed to provide the identified scope of work on a time and materials basis for a Not-to-Exceed contract maximum of$5,060.00. Individual time will be charged based upon established hourly billing rates. Any project related expenses will be reimbursed at cost. A breakdown of project costs and individual billing rates are provided in Attachment B. We appreciate your consideration of this proposal. If there are any questions, please feel free to contact us at your convenience. Sincerely J 4s- �q Jeff Soc el, PE Sr Project Manager ATTACHMENT 6%6%*� 2 2Ag . to ■ |Ab § |m f! °��tm x -° kIL ®a-� IL kk@kk f §f°§ z | Lu k m� 2 . � © � u . - cm C4 cm N _ CL �w ! & 2 § W 8222 0Mco ■ _ EM & � 0 � � r cm % 9 o e - � co I� # \ � R ■ t! C o 0 . w�\ & ; � � ;_ - a&■ 4m � mi § � - k ,a E >j -to | _ -32 §� !{ ! �£ - ,- , |r ) a | §£)/ kD /az 0 ID Ag f:§ kk( /)) Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTII COUNCIL ACTION: Approved on 8/26/2014 - Ordinance Nos. 21406-08-2014 DATE: 8/26/2014 REFERENCE G-18297 LOG NAME: 06HDR MASTER THOROUGHFARE NO.: PLAN APPROPRIATION CODE: G TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT. Adopt Appropriation Ordinance in the Amount of$1,325,000.00 to Fund the Master Thoroughfare Plan Update from the TPW Gas Well Revenues Fund (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the TPW Gas Well Revenues Fund in the amount of $1,325,000.00 from available funds for costs related to an update to the Master Thoroughfare Plan. DISCUSSION: On July 22, 2014, the City Council authorized the execution of a Professional Services Agreement with HDR Engineering, Inc., Mayor and Council Communication (M&C C-26883) in an amount not to exceed $1,200,000.00 to complete an update to the Master Thoroughfare Plan. The purpose of this Mayor and Council Communication is to adopt an appropriation ordinance to fund the Master Thoroughfare Plan Update, including $125,000.00 in Staff project management costs, from the TPW Gas Well Revenues Fund. The project will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the TPW Gas Well Revenues Fund. TO Fund/Account/Centers FROM Fund/Account/Centers C223 472195 201929990200 $1,325,000.00 C223 541200 201929990200 $1,325,000.00 Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Mark Rauscher(2446) ATTACHMENTS 06HDR MASTER THOROUGHFARE PLAN C223 A014(Rev 8.14.14).doc Contract Compliance Manager: 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. Name of Em loyee/ ture Title This form is N/A as No City Funds are associated with this Contract Printed Name Signature