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HomeMy WebLinkAboutContract 46809 � l Y SECRETAIW . CONTRACT NO. �D CONSULTANT AGREEMENT This CONSULTANT AGREEMENT (this "Agreement") is entered into by and between Burns & McDonnell Engineering Company, Inc., a privately held, employee owned corporation formed under the laws of the State of Missouri(hereinafter referred to as the"Consultant") and the City of Fort Worth, Texas, a home-rule municipal corporation located in Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the"City"). The Consultant and the City hereinafter are sometimes referred to individually as a"Party'and collectively, as"Parties." In consideration of the following premises and the mutual consents and undertakings herein, each Party agrees as follows: The term Consultant shall include all employees, directors, officers, principals, agents, subcontractors and.representatives of Consultant. The term City shall include all city employees, officers, directors, agents, and authorized representatives of the city 1. Scope of Services Subject to the terms and conditions of this Agreement, the City hereby engages the Consultant for the purpose of providing Project Management Portal and the Consultant hereby agrees to perform the services specifically described in "Appendix A," entitled "Scope of Services," which is attached hereto, incorporated herein and made part of this Agreement for all purposes. 2. Term of Agreement The term of this Agreement shall commence on July 1, 2015 ("Effective Date") and end on July 1,2016 ('Expiration Date"). 3. Compensation In consideration of the performance by the Consultant or the Consultant's duties and obligations under this Agreement and subject to the terms and conditions set forth in this Agreement, the City agrees to compensate the Consultant in an amount not to exceed $20,400 ("Contract Amount'), with such payment to be mad en, paor..xo, ot4p] The Contract Amount shall be the en payment for all services rendered under this Agreement, inclusive of any fees for travel or related xpenses. The City shall not be liable for costs for any additional services provided by the Consultant without the prior written approval of the City. c 4. Termination fJ ccc_ V.k_, ��`' � '{'rlV_ W� - ,� 4.1. Convenience. Either the City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 4.2 Breach. If either party commits a material breach of this Agreement, the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt =, of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non-breaching party U OFFICIAL RECORD co CITY SECRETARY Page 1 FT. WORTH, TX may, in its sole discretion, and without prejudice to any other right under this Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. 4.3 Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, the City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.4 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered up to the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Agreement and shall immediately terminate any contracts or discontinue any orders for materials or services for which the Consultant has secured on City's behalf. In the event Consultant has received access to City information or data as a requirement to perform services hereunder, Consultant shall return all City provided data to the City in a machine readable format or other format deemed acceptable to the City. 5. Warranty of Services Consultant warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30) days from the date that the services are completed. In such event, at Consultant's option, Consultant shall either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund the fees paid by the City to Consultant for the nonconforming services. 6. Insurance The consultant shall carry the following insurance coverage with a company that is licensed to do business in Texas or otherwise approved by the City: ■ Commercial General Liability with a combined limit of not less than $1,000,000 per occurrence. ■ Automobile Liability Insurance with a combined limit of not less that$1,000 000 per occurrence. Such policy shall be endorsed to name the City as an additional insured with respect to the Consultant's negligence. ■ Errors & Omissions in the amount of $1,000,000 per claim and $1,000,000 aggregate limit. ■ Statutory Workers' Compensation and Employers' Liability Insurance requirements per the amount required by statute. ■ Any other insurance as required by City. All required certificates of insurance shall be endorsed to name the City as an additional primary insured. Certificates of required insurance shall be submitted to the City prior to Consultant's commencing work pursuant to this Agreement. Page 2 7. Venues Applicable Law 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. 8. Indemnification The Consultant shall be liable for and hereby agrees to indemnify, defend and hold harmless the City, its officers, servants, employees, and agents from any and all suits. claims, or causes of action for any property loss, damage or cost, and/or personal iniury, Including death, to any of the Consultant's employees or agents or to any third persons, Including the officers, servants, employees and agents of the City, to the extent arising directly or indirectly out of, or in the course of, malfeasance, intentional misconduct or the negligent performance of the services by Consultant under this Agreement. Consultant agrees to notify the City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages related to this Agreement. Consultant agrees to make its officers, agents, employees available to the City at all reasonable times for the defense of any claims or litigation for which the City may be responsible hereunder. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense, which may be asserted by the City as to any claim of any third party or create a cause of action for the benefit to any person not a party to this Agreement Nothing herein shall be deemed to constitute or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. 9. Notices All written notices required by this Agreement shall be sufficient if forwarded to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: City: Business Name: City of Fort Worth Burns&McDonnell Engineering Attn: Director of .Attn: H, Wesley Hardin City of Fort Worth Burns& McDonnell Engineering 1000 Throckmorton Street 9400 Ward Parkway Fort Worth, TX 76102 Kansas City, MO 64116 with a copy to: with a copy to: City Attorney City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102 1 10. Entirety of Agreement Page 3 I I This Agreement shall be the entire, full and complete agreement between the Parties conceming the subject matter hereof and shall supersede all prior agreements. There are no valid i or binding representations, inducements, promises or agreements, oral or other wise, between the f Parties that are not embodied herein. No amendment, change, or variance of or from this Agreement shall be binding on either Party unless agreed to in writing signed by both of the Parties. 11. Headings not Controlling The headings appearing at the beginning of each paragraph of this Agreement are for convenience only and do not define, limit or construe the contents of any such paragraph. Whether expressly indicated or not, the singular usage includes the plural, and the neuter usage includes the masculine or the feminine or both the masculine and the feminine. This Agreement may be executed in counterparts, each of which so executed shall be deemed an original and such counterparts together shall constitute the same agreement. i 12. Waiver I i The City and the Consultant may waive an obligation of or restriction upon the other under this Agreement only in writing. No failure, refusal, neglect, delay, forbearance or omission of the City or the Consultant to exercise any right or remedy under this Agreement or to insist upon full compliance by the other with his, her or its obligation hereunder shall constitute a waiver of any provisions(s)of the Agreement. 1 13. Severability Each provision of this Agreement or part thereof shall be severable. If, for any reason, any provision or part thereof in this Agreement is finally determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation, such determination shall not impair the ! operation or affect the remaining provisions of this Agreement, and such remaining provisions will continue to be given full force and effect and bind each Party. Each invalid provision or part thereof I shall be deemed not to be a part of this Agreement. 14. Assignment The Consultant may not assign or subcontract any of Its rights or obligations without the prior consent of the City, which consent may be withheld in the City's sole and absolute discretion. 15. Right to Audit j I 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 the Consultant involving transactions relating to this Agreement. 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 I the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. If Consultant subcontracts any of its obligations under this Agreement, subcontractor shall be bound by the same rights, duties and obligafions of the Consultant. 16, Force Maieure Page 4 It is expressly understood and agreed by the Parties that if the performance of any obligations hereunder is delayed by reason of war; civil commotion; acts of God; inclement weather; governmental restrictions, regulations, or interferences; fires; strikes; lockouts, national disasters; riots; material or labor restrictions; transportation problems; or any other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such obligation shall be extended for a period of time equal to the period such party was delayed. 17. Parties Bound This Agreement shall be binding upon the successors and assigns of both parties in like + manner as upon the original parties. NOW THEREFORE, the parties have executed this Agreement in multiple originals on this the day of 20� CITY OF FORT WORTH: CONSTULTANT: ACCEPTED: ACCEPTY09 By: - By: Swan Alanis Jeffig ---Assistant City Manager Seni Vice9esident e: '�C+� � !� Date: 0 J o� ° ATTEST: 00 �L)C� By By: 0%aary J. Kayser W Wesley Hardin City Secretary Associate Partner TEX°A APPROVED AS 36-FORM AND LEGALITY: �&,V(. rVL4"�_ _ ales ' . Farmer Sr.Assistant City Attorney CONTR�A,A11CT AUTHORIZATION: M&C: IBJ Date Approved: OFFICIAL RECORD CITY SECRETARY Page 5 Ff. WORTH;TX R APPENDIX A—SCOPE OF SERVICES CONSULTANT: Burns and McDonnell CITY: City of Fort Worth PROJECT: Project Management Portal GENERAL CONSULTANT will assist the CITY in developing requirements, design, and schedule for implementing a Project Management Solution for the CITY. The final solution will include: • Creating a single form for managing high level budget, schedule, and high level milestone notes, outside of P6, using a HTML5 web form resembling MS Excel spreadsheets like those currently used by the City. Users will select from a list of existing P6 projects to modify. The form will be accessed through the Chrome browser. • Build a QA/QC workflow into the form that enables P6 schedulers to review schedule dates before they are written to P6. • Setup of Microsoft SQL Server database tables to store the form data within the City's environment. • Development of a single Project Status Report using HTML5 that pulls from the application database. • Development of API calls that transfer key project dates between the application SQL database to/from Primavera P6. TASKS The following Task Series describes the basic steps for completing the PROJECT as defined above. TASK SERIES 100—KICKOFF/REQUIREMENTS GATHERING CONSULTANT will conduct a project kick-off meeting, at the CITY, to initiate the project and perform requirements gathering. Project expectations, communication protocols, project logistics, deliverables and project roles will be discussed during the kick-off meeting. The project objectives will be reviewed and discussed to ensure that they are aligned with the CITY'S expectations. While onsite for the kick-off meeting, CONSULTANT anticipates the CITY will have all project stakeholders present and available to review action items and participate in a requirements gathering discussion. Following the kick-off meeting, CONSULTANT will conduct follow up interviews with project stakeholders and finalize requirements. CONSULTANT will deliver functional requirements document within two weeks of kick-off meeting. CITY will review the requirements document and will provide feedback/input on any changes that might be needed within four weeks of kick-off meeting. Following the CITY review, CONSULTANT will deliver finalized functional requirements document within five weeks of kick-off meeting for sign-off/approval. RESPONSIBILITIES OF THE CITY CITY will furnish the following items in a timely manner: 1. Assistance in development of the final business, functional requirements, technical requirements, and use cases. 2. At the kick-off meeting, CITY will explain the project life cycle and workflow processes that are used to create and manage projects, starting from project inception through completion. 3. Provide assistance by placing at CONSULTANT's disposal any other information pertinent to this Project. 4. Primavera P6 schemas and data mapping from form to P6 fields as they relate to this Project. PRICE PROPOSAL The price proposal is a good faith estimate of the costs to implement the PROJECT. We anticipate that our staff will work very closely with CITY project team to complete the PROJECT and their will not be significant work required to access and clean-up data. The costs presented in this proposal will be charged against the PROJECT as time and materials as presented in "CONSULTANT's Schedule of Hourly Professional Service Billing Rates". CONSULTANT is open to other pricing models. COST ESTIMATE The following table itemizes the costs to complete the PROJECT. The labor and travel estimates presented here are built up from the "CONSULTANT's Schedule of Hourly Professional Service Billing Rates" contained within "Schedule 'B' — Pricing Schedule" and are all-inclusive. Item Description Cost Base Services Kickoff/Requirements Gathering $ 18,900 Expenses Travel $ 1,500 Grand Total $ 20,4 I I i� I I CONSULTANT's Schedule of Hourly Professional Service Billing Rates Position Classification Hourly Classification Level Billing Rate General Office* 5 $68.00 Technician* 6 $84.00 Assistant* 7 $96.00 8 $133.00 9 $155.00 Staff* 10 $170.00 11 $186.00 Senior 12 $203.00 13 $229.00 Associate 14 $237.00 15 $250.00 16 $252.00 17 $262.00 Notes: 1. Position classifications listed above refer to the firm's internal classification system for employee compensation. For example, "Associate", "Senior", etc, refer to such positions as "Associate Engineer", "Senior Architect", etc. 2. For any non-exempt personnel in positions marked with an asterisk (*), overtime will be billed at 1.5 times the hourly labor billing rate. 3. Project time spent by corporate officers will be billed at the principal rate (Level 17) plus 25 percent. 4. For outside expenses incurred by Burns & McDonnell, such as authorized travel and subsistence, and for services rendered by others such as sub-CONSULTANTS, the client shall pay the cost to Burns & McDonnell plus 10%. 5. Monthly invoices will be submitted for payment covering services and expenses during the preceding month. Invoices are due upon receipt. A late payment charge of 1.5% per month will be added to all amounts not paid within 30 days of the invoice date. 6. The rates shown above are effective for services through December 31, 2015, and are subject to revision thereafter.