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HomeMy WebLinkAboutContract 40002 CITY SECRETARY CONTRACT NO, STATE OF TEXAS § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § l-. THIS AGREEMENT, entered into the aday of 2010 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 CH2M Hill, Inc., an independent consultant "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. W I T N E S S E T H 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 the Storm Water Capital Project Management Services ("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$2,3309.748.00 unless the City and the Consultant Irrutually agree LIp0I1 a fee aniMint ft)r additional services and amend this Agreement acct}rdino l`. The ConSLI ltant shall provide monthly Invoices to the ('it`-. Pa}Inent for services rendered shall be dlle Within thlrtti (30) days of the uncontested performance of' the particLilar services So ordered and receipt by City of C~onsLIltant's invoice Ior payment of salve. Acceptance by C'011su ltant o l'said pa},ment shall operate as and shall release the U ity from all c:lall11ti 01' habllltiCS L111der this Agreement for anything rclated to. done. or :4�ished in' t 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 Until the completion of the subject matter contemplated herein. 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 Cons«ltant's agent, consLI ltant Linder contract, or another entity over which the Consultant's exercises control. ARTICLE 6 INSURANCE: Section 1. Consultant shall not commence work Linder this Agreement until it has obtained all insurance required under this Article and the City has approved sLich 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 Cite, provided. ho\\evcr. [ >>Illl�l,iiti 1 ":'c.'Iit'llj Consultant may elect to add any subconsultant as an additional insured Linder its liability pol icies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. `]Yorker's Compensation Coverage A: statutory limits Coverage B: $1 00,000 each accident $500,000 disease - policy limit $1001000 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 Linda S. Young, P.E., Storm Water Management Division, 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: V11 or equivalent aleaSLII-e of financial strength and solveilcN. t. Officr than worker's compensation iIISLIrance, in liCLI of traditional insurance. UIt\ matt consider alternative coverage or risk ti-catni nt nicasUres throiIgh ilISLII-Lince pools or risk retention gi-oiips. The City Must approve ill writing anv alternative co verage. G. Workers' compensation insUrance policy(s) covering cniployees employed oil the Pro*ect shall be endorsed Nvith a Nvaiver ot'SLibrogation providing rights of recovcl-N ill t1rvor ot'the C'its. 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 7 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 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 Linder 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. Section 3. All reports, whether partial or complete. prepared Under this Agreement, inclLiding any original drawings or documents. whether furnished b\ the City, its of#�cers. agents, employees, consLiltants, or contractors, or prepared by Consultant. shall be or become the property of the ,, p P City, and shall be furnished to the City prior to or at the tiirte such services are completed, or upon termination or expiration of'th i s Agreement. reement. f'TT1 i[ril.t '-1 t il'ti t riEl }I�l,}I11 �!r.''ITT'1Tl R - 'f, ]i i I';!e c 4,it N ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three 3 P � ) years after final payment Linder this Agreement, have access to and the right to examine an directly pertinent Y y p Went books, documents, papers and records of Consultant involving transactions ns relating to this Agreement. Consultant agrees that the City shall have access during ormal g working hours to all necessary facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall all give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a r p ovision to the effect that the subcontracting consultant agrees that the City shall, until the expiration on of three (3) years after final payment under the subcontract, have access to and the right to examine amine any directly pertinent books, documents, papers and records of such sLibconsu leant, 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 rov i s ions of this p s article. City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and su bconsu ltants agree to photocopy such documents as may be y requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate p published in the Texas Administrative Code in effect as of the time copyin g is performed. ARTICLE 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (MIwBE) PARTICIPATION In accordance with City ordinance No. 15530, the City as goals for th Y g e participation of minority business enterprises and woman business enterprises "MIwBE" � ) in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and nd its commitment to meet that goal. Any misrepresentation of facts (other than a negligent gent misre r and/or the commission of fra�id g g p esentationcommission by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts fora eriod of time than three (3) years. p me of not less ARTICLE I1 OBSERVE AND COMPLY C'011SUltant shall at all tines ohser�e and comply with all federal. state. and local c.��l 1c�N15 and i-eg�ilatrc�r�s ail �vith all City t�rdinan�;es and reg�ilatit�ns �v l�ich in any kN aN affect this tr->> is A�r c�i��ent ai1d the N\ork hereunder. and shall observe and comply with all 'orders. lax\s � ' p � c rdinaiic.�.s and i�egulati�}ins kvl�ich r�iaN, exist or may be enacted later by, (yovernin« bodies havin r .� g or authority f6r Such enactment. No plea of in isLinderstandin( i(norance thereof sh ��c?nsLiltant agrees 7 � `� • -, "- �- all be considered. to d�f�.nd, ii�deirrr�if� and l�c�ld hari��les5 C'ity and all of its officers. a(yents and ()t N i employees from and against all claims or liability arising out of the violation of an y 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 Count y, 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 an ambiguities y gu ties 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 SE VERABILITY 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 an person P y p 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 b hand- delivery or via U.S. Postal Service certified mail return receipt requested, osta e prepaid, to the P g address of the other Party shown below: City of Fort Worth Attn: I.i nda S. Young, P.E. Stornn Water Management i)ivisl()Il CYity of Fort Worth 1000 'I'hrockinorton Fort Worth, Texas 76102 "ACI\ ' i'l�'t•l 1 f Consultant: CH2M Hill, Inc. 309 Nest 7th Street Suite #1 020 Fort North, Texas 75102 ARTICLE 15 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) IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above Written, in Fort `]North, Tarrant County,y, s. CITY OF FORT`]NORTH: CONSULTANT: CH2M Hill,, Inc. y Fernando Costa dregory Wk 3 Assistant City Manager Vice President RECOMMENDED: Randle Harwood, Director Program Management office APPROVED AS TO FORM AND LEGALITY: r Assistant City Attorney ATTEST: a Hendrix City Secretary contract Autho ri zatiox 3/c:� �-G Ip 4� 'Ztu_4 111Z 31 cj Date 00 00000 � Date 1 � a d 'T. 0 O Ay 00 0 0000000 IC/ ATTACHMENT "A" Scope of Work Under Agreement between City of Fort Worth and CH2M HILL fo r Storm Water Capital Project Management Services Ob'ective The objective of Task 1 through Task 7 is to provide storm water p ,]capital project management Bement and administrative support, from design through construction, as an extension to City staff. This objective of Task 8 is to provide Planning and Development Department (P&D) capital project management, from design through construction, as an extension to City staff. The eight tasks are outlined below: Task 1. Assist in Procurement of Design Consultants Task 2. Manage Project Design Process Task 3. Manage Right of Way Acquisition .Process Task 4. Manage Utility Relocation Process Task 5. Manage Project Construction Process Task 6. Close Project Task 7. Provide Project Administrative Support Task 8. Planning and Development Department Project Management Services Basic Assum tions Task 1 throuLxh Task 7 Numerous assumptions were made in developing the scope of services and associated c o sty, including the following: • The duration of the initial contact phase is 24 months. • There will be two annual (12 month) contract extensions, based on satisfactory performance y p ce and City needs, using this contract mechanism. • Approximately 12 active projects can be managed effective?y by one full-time project inarlager. • All existing storm water projects managed under CH2M HILL's rails Integrated Pro g g Matiageliient for Capital Project Delivery I'llase 3 Contract will be transferred to tills Coti t Tact Iii October, 2010. • Tile approxiinate lzulnber of projects to be managed are: 7 projects starting in March, 2010 — 9 projects starting in June, 2010 35 projects starting in October, 2010 39 project startkig iii January, 2011 .�._ projects I Il fiscal Year 201? 40 project in fiscal Year 2013 -- 40 projects in fiscal Year 2014 • The City will make available needed information on existing and proposed p J ro'ects in a timely manner. • Under Task 5, Manage the Construction Process, the presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or Consultant's personnel in any way responsible for those duties that belong to OWNER's inspection staff and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties,and responsibilities,including, but not limited to, all construction methods,job site safety,means, techniques,sequences, and procedures necessary for coordinatin g and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • The Task effort and deliverables outlined under the Scope are subject to change based on City needs and processes. The effort and deliverables are not limited to the items listed for each Task. S The scope for each Task is presented below. Task 1. Assist in Procurement of Design Consultants Description of Work: • Become familiar with the project, available funding, and schedule. • Review consultant scope, schedule, and fee. • Negotiate with the consultant to obtain the appropriate level of scope. • Prepare the Mayor and Council communication (M&C). • Review the final contract for completeness. • Issue Notice to Proceed. • Maintain documentation of the above processes. Deliverables: • Recommendation of consultant scope and fee. • iV/WBE project goal and Contract Compliance Memorandum. • M&C for consultant contract. • E xec uted contract. • DOCUrnentatioii of the above maintained in hard copy form and elcctroiiic form tin the C'itti's I3uZ7sax1 Site. r Task 2. Manage Project Design Process Description of work: • Act as the City's priniarx paint ofcoilt,tct. • ('oordiiMte Ill the <0�11su IMIlt Ml(f 0t\ l)l-()j -()1 st�11't't() eX e 100 [X1`,01*11C SC11CCll!1C.� I • Charter the project team. • Schedule meetings as needed with City staff from all departments. • Attend weekly staff meeting with the program manager, City PMs, CPMs and administrative staff. • obtain and review monthly consultant status reports and schedules. pro ject Report ect p p � status to the program manager. • Track project's progress in the City's PM/Program Manager dashboard. • Update the g p e City's overall project schedule as needed. • Review invoices for reasonableness, accuracy, and appropriate char o o es. • Review g ew consultant submittals at the 30/o, 60/o, 90%, and 100% design phases for completeness, constructability, conformance with the Storm Water n Management Design g Manual, and other City design standards. • Schedule and lead review meetings of the consultant design submittals with the Cit ' b y s storm water technical review team. Coordinate reviews as needed with other Cit y departments. artments. • Coordinate and conduct a public meeting at the 60% design stage. • Schedule project site visits as necessary. • Coordinate a constructability review at the 60% design stage. • Proactively manage change on the project. Deliverables: • Monthly status reports. • Recommendation of invoice payment. • Design review comments. • Budget reviews and updates. • Schedule updates. • Recommendation of amendment scope and fee. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 3. Manage Right of Way Acquisition Process Description of work: • Act as task manager for the City's Real Property group staff and acquisition consultants.,s,on if used. Be the primary point of contact with Real Property for the consultant ltant and ac nisi t consultants. • Review easement/ROW and property acquisition documents ao-ainst the re uirements q of the design for appropriateness and accuracv. • Coordinate N,\ith Real Property so appraisals are compicted in a tin-IelN manner. Rey 10\ r appraisals fior completeness. • Review acquisition M&Cs and update bLidget. • Coordinate with the City's Legal Department on Eminent Domain isslIes. • Coordinate with the City's Economic Development Department on relocation issues. • Maintain project s tracking spreadsheet with LIP to data estimated casement/ROW costs. Deliverables: • Easement/ROW/property acquisition review comments. • Appraisal review comments. • Acquisition M&C review comments. • Budget reviews and updates. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 4. Manage Utility Relocation Process Description of Work: • Ensure appropriate Level of Subsurface Utility Engineering (SUE) is being conducted by the consultant. • Review consultant SUE plan sheets for conformance to the SUE Quality Level scoped. • Coordinate with the consultant to identify options that minimize utility conflicts. • Submit plans to the City's Utility Coordinator. • Coordinate with the City's Utility Coordinator for utility relocations. • Maintain project tracking spreadsheet with up to date estimated utility relocation costs. • Prepare M&Cs if necessary to fund utility relocations and update the budget. Deliverables • SUE plan sheet review comments. • M&C for utility relocation costs. • Budget reviews and updates. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 5. Manage Project Construction Process Description of Work: • obtain M/WBE construction project goal. • Review consultant prepared Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project. • Lead pre-bid meeting, if one is required. • Attend Bid opening. • Review consultants bid tab sLlmmary for completeness and accuracy. • Review contractor's bid package for confionnance with the contract requirements. • Recommend successfill bidder for contract award. • Prepare M&C for authorization to award contract. • 1 slue the Notice to Proceed. • Act as the point of contact between the contractor. inspector, and consultant. • Coordinate and conduct a pLlblic meeting at the start of constrLICtlon. • Coordinate with the design consultant on responses to Request for Information and Submittal reviews. Maintain hard copies ol'these dO LIniciits and ensure c0�I1sLlltant Is tracking them. • Coordinate site visits with the inspector and consultant as appropriate. • Ensure contractor and inspector are maintaining as-built mark-ups. • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges. • Proactively manage change on the project. Deliverables: • Advertisement. • Recommendation to award contract. • M&C for construction contract. • Notice to Proceed. • Budget reviews and updates. • Recommendation for change order approval. • M&C for change order. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's B uzzsaw site. Task 5. Close Project Description of Work: • once the storm drainage system is functional and construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant. • Coordinate and attend a final walk through with the consultant, inspector, and contractor. • Verify final punch list is completed by the consultant. • If part of the consultant's scope, coordinate completion of Record Drawings and deliver to the City's record storage (the "vault") in electronic form and in hard copy mylar drawings. • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges. • Reconcile the budget if any negatives exist. • Recommend final project closure and complete the City's "green'' sheet. • Purge the files of any unnecessary documents and archive the project. Deliverables: • Final punch list. • Record drawings. • Recommendation of final invoice payment. • Fxpenditure and budget reconciliation. • Final CIOSLIN recommendation "oreeri sheet." • i.)c CLInieiltation o f the above 4ind ether project activities. decisions and milestones maintained in hard copy form and electronic term can the C*ty`s Buzzsa�.� site. Task 7. Provide Project Administrative Support Description of Work: • Coordinate and schedule capital project status review meetings. • Coordinate MIWBE paperwork. • Maintain capital projects descriptions spreadsheet. • Coordinate CPMS project and financial tracking • Coordinate the M&C process. • Maintain project .files; physical and digital. • Maintain overall capital project"Action Items" list. • Coordinate site visits. • Perform miscellaneous administrative tasks. Task S. Planning and Development Department Project Management Services This task is to provide Planning and Development Department (P&D ca ro'�ect } capital p management, from design through construction,) as an extension to City staff. Assumptions: • Six (G) active projects will be managed by a single project projects The Th .er mana g 'ects include: — Nest Berry Streetscape Improvements — Magnolia Village Streetscape Improvements — Hemphill Berry Urban Village Phase 2 Streetscape Improvements — Berry Riverside Urban Village Phase 2 Streetscape Improvements — Near East Side Urban Village Phase 2 Streetscape Improvements — Hyde Park/Ninth Street Pedestrian and Streetscape Enhancements • The duration of Task S is 24 months. • The presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or Consultant's personnel in an way responsible for those duties that belong o OWNER' y g s inspection staff and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods,job site safety, means, techniques, n ,uences se d procedures q necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. y P Description of Work: • Act as the City's primary pC)int of contact. • Assist in scheduling meetings as needed with � itN- staff front all de artillents. p • obtain and review monthly consultant status reports and schedules. project Report roect status the program manager. p _ to • Assist in tracking project's progress in the City's PM/Program Manager dashboard. • Assist in updating the City's overall project schedule monthly. Review invoices for reasonahleness. accLirac:\. and appropriate char(les. • Review consultant submittals at the 30%, 60%, 90%, and 100% design phases for completeness, constructability, conformance with City, TxDOT, TDLR and other appropriate design standards. • Schedule and lead review meetings of the consultant design submittals with the City's review team. Coordinate reviews as needed with other City departments. • Submit percentage plan submittals and coordinate plan reviews with TxDOT Regional and Austin office. • Submit and coordinate 100% plan and construction documents. • Support the P&D staff in coordinating and conducting public meetings at the various design stages. • Proactively manage change on the project. • Coordinate CPMS project and financial tracking • Provide exposure to specific project management skills during the normal course of work to address capacity building for P&D staff. • Support P&D staff to coordinate with the City's Real Property group staff and acquisition consultants, if used. Be the primary point of contact with Real Property for the consultant and acquisition consultants. • Coordinate with the City's Utility Coordinator for utility relocations. • Review the Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project. • Lead pre-bid meeting, if one is required. • Attend bid opening. • Review consultants bid tab summary for completeness and accuracy. • Review contractor's bid package for conformance with the contract requirements. • Recommend successful bidder for contract award. • Assist in the preparation of the M&C for authorization to award contract. • Issue the Notice to Proceed. • Act as the point of contact between the contractor, inspector, and consultant. • Respond to Requests for Information and submittal reviews. Coordinate with the design consultant's response if they are involved. Maintain hard copies of these documents and ensure consultant is tracking them. • Coordinate site visits and meetings with the inspector, consultant and contractor as appropriate. • Ensure contractor and inspector are maintaining as-built lnark-ups. • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges. • Once the construction is deemed colnplete, initiate the project close OLIt process and coordinate xvith the inspector and Consultant. • Coordinate and attend a final \valk through with the consultant, inspector. and contractor. • Verify final punch list is completed by the consultant. • If`part of the consultant's scope. coordinate completion of Record Dra\\-ings and deliver to the C itN s record storage (the "vaLl It") in electronic forlll and in hard copy iffy lar dra�vi it gs. • Review consLltant and contractor final invoices for reasonableness. accuracy anti appropriate char(yes. r • Assist in recOnci 1 ing th�� htldget if�an� nc�g��tives emst. • Recommend final project closure and complete the City"s"green" sheet. • Purge the files of any unnecessary documents and archive the project. Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzz Save site. ATTACHMENT "B" COMPENSATION AND SCHEDULE I. Compensation A. CONSULTANT shall be compensated for personnel time, non-labor expenses, and subcontract expenses as follows: 1. Personnel Time For services enumerated in Attachment A, CONSULTANT's compensation shall be based upon Direct Salaries multiplied by a factor of 3.1. Direct Salaries are the amount of wages or salaries paid CONSULTANT's employees for work directly performed on the PROJECT, exclusive of all payroll-related taxes, payments, preen i ums, and benefits. 2. Non-Labor Expenses In support of delivering services enumerated in Attachment A, CONSULTANT shall be reimbursed for Direct Expenses at invoice or internal office cost. Direct Expenses(non-labor) include, but are not limited to, mileage, travel and lodging g g expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. 3. Subcontract Expenses In support of delivering services enumerated in Attachment A, CONSULTANT shall be reimbursed for subcontract expenses plus a markup of ten percent (1D%) of subcontracts. 4. Budgets CONSULTANT will make reasonable efforts to complete the work within the budget and will keep CITY inforined of progress toward that end so that the budget or work effort can be adjusted if found necessary. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is CITY obligated to pay CONSULTANT beyond these liinits. i t'the (`ON S LJ 1A_A NT projects in the coi_ii•se of providing the necessary sere ices that the project cost presented in Article ? of this Agreement � ill be exceeded.r\\Nether b\ changt in scope }t the project. increased costs or other conditions. the ('ON S LJ I.T AN I shall i in need lately report shell fact to the CITY and, i t'so i nstri_icted by the CITY. shal l sLispend all \\cork hei-ei_rnder. r When any budget has been increased, CONS U LTANT's excess costs expended prior to P such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. Method of Payment The CONSULTANT shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and records of account of the CONSULTANT, based on the actual hours and costs expended by CONSULTANT in performer the work. Each invoice is g to be verified as to its accuracy and compliance with the terms of this contract b an officer of the CONSULTANT. Payment according y y ng to statements will be subject to certification by the CITY that such work has been performed. C. Summary of Total Project Fees Description Total Fee Not to Exceed Initial Contract $292229634 First Contract Extension (if authorized) to be determined Second Contract Extension (if authorized) to be determined Total Dollars $292229634 Total Labor Cost $292229634 Total Reimbursable Direct Expenses $109451 Total Sub Consultant Ma rku 10%) $769663 Total Project Labor& Expense Fee $2 309 748 City's M/WBE Goal 15% II. Schedule The total schedule is forty-eight (48) months. • Initial Contract schedule is twenty-four (24) months. • First Contract extension is twelve (12) months. • Second Contract extension is twelve (12) months. ATTACHMENT"C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT There are no changes or amendments to the Standard Agreement w • Cit ofTexa Y Worth s Mayor a - CO mun COUNCIL ACTION: Approved on 3/9/2010 DATE: Tuesday,March 09, 2010 REFERENCE NO.: C-24133 LOG NAME: 20STORMWATERPROJMGMT B E T: Authorize a Professional Services Agreement in the Amount of$2,309,748.00 with CH2MHil1 for Storm Water and Streetscape Capital Project Management Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement in the amount of$29309,748.00 with CH2MHil1 for Storm Water and streetscape Capital Project Management Services, with two options to renew for an additional 12—month period if agreeable to both parties. DISCUSSION: On September 22, 2009, (Ordinance No. 18838-09-2009)the City Council approved the issuance and sale of$45,000,000.00 in revenue bonds in Storm Water Revenue Bonds, Series 2009,to fund a two—year storm water capital project program. It is anticipated that 12 to 15 new storm water capital projects, with estimated value of$30 million to$34 million, will be initiated in Fiscal Year 2010 and Fiscal Year 2011.Another 12-15 new projects are expected to be initiated in both Fiscal Year 2012 and Fiscal Year 2013. Also, CH2MHil1 is currently managing 26 Storm Water projects,as part of the Integrated Program Management (IPM)contract,Phase 3, which was approved by City Council on October 27, 2009 (M&C C-23842). These projects have an estimated value of$80 million. When the IPM contract is complete,project management services will also be needed for these projects. In addition, the City's Planning and Development Department currently has six streetscape projects with surface drainage requirements which require continued project management services. Project management services have previously been provided on these projects by a subconsultant to CH2MHill and staff recommends continuing the project management services for these projects under this contract. The proposed fee for these services has been established at$300,000.00. Funding for the services related to the streetscape projects will be comprised of two sources: $150.000.00 — 2004 Bond Program: CTrban De v elopnient Fundy and $150.000.00_ 2007 Critical Capital Proilrain. In the surniner of 2009. $2.182.000.0() in Certificates of Obligation was r issued to support the City's Integrated Program Management initiative. Based on a review of those funds, staff recommends that $150,000.00 of that debt issued is available to support this project managemnet contract, which is consistent with current efforts of the IPM program to augment project management and is also consistent with the Notice of Intent to Sell. A Request for Proposal (RFP)to provide storm water capital project management services was issued by the City in October of 2009. Three engineering design consultants submitted proposals and CH2MHill was determined to be the most qualified consultant. CH2MHil1 proposes to perform the project management services on an hourly basis with a multiplier, not to exceed$2,309,748.00 for a period of 24 months after Notice to Proceed. The contract documents also include a provision for the City to exercise an option to renew this contract for two additional 12—month periods, under the same terms, conditions and multiplier. The cost for the first renewal will not exceed$1,461,391.00 and for the second renewal will not exceed$1,484,391.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. The renewal provisions will not apply to the streetscape projects and those services will be provided for the initial 24—month period only. CH2MHill is in compliance with the City's MIWBE Ordinance by committing to 38 percent MIWBE participation. The City's established goal for the project is 15 peroent. # This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, on a project by project basis of the Storm water Revenue Bonds, Series 2009 fund, the 2007 Critical Capital Fund and the 2004 New Development Fund. FUND CE _TERS: FROM Funk Centers P-227 531200 VAEJQUS $2.009248.00 C295 531200 VARIOUS ji. 000.00 VARIOUS Submitted for City Manager's Office by: Fernando Costa (f 122) William Verket (7801 f Additional Information Contart: Linda Young (2-485) M ATTACHMENTS 1. F UNDSAVAILABLE.dac 2. SWM MWBE Coml2liancc.1df