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HomeMy WebLinkAboutContract 47363 Cite`WMAW 11 A p��y PROFESSIONAL SERVICES AGREEMENT C®27429 This PROFESSIONAL VIC AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation situated in portions of Tarrant, Denton, Parker and Wise Counties, Texas, acting by and through Fernando Costa, its duly authorized Assistant City Manager, and James DeOtte Engineering, Inc. ("Consultant"), a Texas Corporation and acting by and through James E. DeOtte, P.E., its duly authorized Principal. 1. SCOPE OF SERVICES. 1.1 Services Consultant hereby agrees to provide the City with professional consulting services for the purpose of On-Call Professional for Water and Wastewater Modeling. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Scope of Work, more specifically describing the services to be provided hereunder. 1.2 Task Orders City will issue in writing an Individual Task Order to Consultant, authorizing the Consultant to perform work under this Agreement. Consultant shall not perform work and/or services outside the Scope of Services of the Agreement nor without a Task Order issued by the Water Planning and Development Engineering Manager. City reserves the right to solely determine the issuance of Individual Task Orders to Consultant for work. Nothing herein shall guarantee to the Consultant any amount of work under this Agreement and compensation shall be made to the Consultant pursuant to Exhibit " for work directed to be performed by the City's Task Order and completed by Consultant. . TERM. This Agreement shall commence upon the date the last party has fully executed the agreement ("Effective Date") and shall expire upon when the not to exceed amount described in Section 3 has been reached, unless terminated earlier in accordance with the provisions of this Agreement. This Agreement shall have two (2) renewal options, which must be executed in writing by duly authorized representatives of both parties and the appropriation of funds. . COMPENSATION. The City shall pay Consultant an amount not to exceed $100,000 in accordance with the provisions of this Agreement and the Payment Schedule attached as Exhibit 6413P which is incorporated for all purposes herein. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be Form Services Agreement '° a �, James DeOtte Engineering, Inc. �� v Page 1 of 9 a .w liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1 Termination for Convenience and for Cause 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 4.2 Notice of Termination If City chooses to terminate this Agreement under 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. 4.3 Reports and Documents 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. 4.4 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, 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 shall have been appropriated. 4.5 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. Form Services Agreement James DeOtte Engineering,Inc. Page 2 of 9 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the Form Services Agreement James DeOtte Engineering,Inc. Page 3 of 9 acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting Form Services Agreement James DeOtte Engineering, Inc. Page 4 of 9 policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Errors & Omissions (Professional Liability): $1,000,000 Each Claim Limit $2,000,000 Aggregate Limit If coverage is written on a claims-made basis, the retroactive date shall be coincident with or prior to the date to the contractual agreement. The certificate of insurance shall state that the coverage is claims-made and include the retroactive date. The insurance shall be maintained for the duration of the contractual Form Services Agreement James DeOtte Engineering, Inc. Page 5 of 9 agreement and for five (5) years following completion of the services provided under the contractual agreement or for the warranty period, which ever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All applicable policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. All policies except Professional Liability shall provide a Waiver of Subrogation in favor of the City. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 11. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES. Form Services Agreement James DeOtte Engineering,Inc. Page 6 of 9 Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To The CITY: To CONSULTANT: City of Fort Worth James DeOtte Engineering, Inc. Attn: John Carman Attn. Jim DeOtte, PE 1000 Throckmorton 2201 Dottie Lynn Parkway, Suite 119 Fort Worth TX 76102-6311 Fort Worth, Texas 76120 Facsimile: (817) 392-8654 14. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis 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. 17. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their Form Services Agreement James DeOtte Engineering,Inc. Page 7 of 9 reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 21. AMENDMENTS / MODIFICATIONS / EXTENSTIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 23. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. Form Services Agreement James DeOtte Engineering,Inc. Page 8 of 9 I IT H F, the arties hereto have executed this Agreement in multiples this(,r "''%.Yday of m, , X115. JAMES DEOTTE ENGINEERING, 1 . CITY OFFORT WORTH: Jame DeOtte, P.E. ay Chapa e E.nt -Assistant City Manager _ Date: C- 1 ATTEST: ` ° Ca tity M' T.Rayser Secretary A0 yy S John R. Carman Water Director APPROVED TO FORM AN �11E-GALITY: J�j A .. hrista R. nolds Sr. Assistant City Attorney CONTRACT AUTHORIZATION: C° Date Approved:, Form Services Agreement , James DeOtte Engineering,Inc. Page 9 of 9 EXHIBIT"A" SCOPE OF SERVICES REFN'C#-27429 On-Call Professional Services for Water and Wastewater Modeling I. PROJECT DESCRIPTION Consultant shall provide water and wastewater modeling services necessary for: (1) development and assessment of engineering design and operational options related to water and wastewater system modifications and investigations; (2) adjustments to the Master Plan; (3) the analysis of proposed developments; (4) water and wastewater operational analysis and updating the water and wastewater models to keep them properly calibrated and reflective of existing infrastructure and conditions. A. Water and Wastewater Model and CapPlan Updates- 1. Water model update tasks (as requested) shall include: (1) importing, checking connectivity and data refinement; (2) reviewing and modifying future model runs to eliminate Capital improvement Plan and demand duplication; (3) assigning C-factors; (4) obtaining and utilizing SCADA data; (5) calculating updated water demands; (6) assigning node information such as elevations and demands; (7) running the model and checking for errors; (8) and performing quality control on the model. 2. Wastewater model update tasks (as requested) shall include: (1) importing, checking connectivity and data refinement; (2) reviewing and modifying future model runs to eliminate Capital Improvement Plan and load duplication; (3) assigning Manning's N values; (4) importing field data from flow monitors and SCADA; (5) calculating updated wastewater loads; (6) assigning node information such as rim and invert elevations and loads; (7) running the model and checking for errors; (8) and performing quality control on the model. 3. CapPlan Sewer XL update tasks (as requested) shall include: (1) importing capacity data from the wastewater model; (2) importing updated pipe condition data; (3) add/remove wastewater lines, maintaining a one to one relationship with GIS and the Wastewater Model; and (4) modifying logic and risk ratings in CapPlan Sewer XL. B. Development Analysis/Reviews- 1. Water model development analysis/review tasks shall include: (1) calculating average day, maximum day and peak hour demands for new developments; (2) adding proposed water lines and nodes to model; (3) assigning C-factors, water demands and elevations; (4) running the model at maximum day demand for required fire flow; (5) writing a memorandum detailing results of model runs and proposed recommendations; (6) and submitting reports as stated in Attachment "B" to this Scope of Services. 2. Wastewater model development analysis/review tasks shall include: (1) calculating average day and peak 2-hour loads for new developments; (2) adding proposed wastewater lines, manholes and lift stations to model: (3) assigning C. Operational Analysis Assistance- 1. Tasks related to development and assessment of operational options related to water and wastewater system modifications shall include: (1) researching engineering design and operational options; (2) conducting field investigations when necessary and as approved by City; (3) conceptualizing and modeling various design and operational scenarios resulting from the research; (4) developing recommendations and cost estimates for selected options; (5) writing a memorandum detailing results of model runs and proposed recommendations; and (6) submitting reports as stated in Attachment "B" to this Scope of Services. II.INDIVIDUAL TASK ORDERS. A. Issuance of Individual Task Orders - City will issue in writing an Individual Task Order to Consultant, authorizing the Consultant to perform work under this Agreement. Consultant shall not perform work and/or services outside the Scope of Services of the Agreement. All work authorized by the City shall be issued as a duly-executed, written Individual Task Order. An example of individual Task Orders to be issued by City under this Agreement is provided in Attachment "A" to this Scope of Services. B. Issuance of Task Orders across Proiect Categories- City, at its sole cost discretion, will issue Individual Task Orders to Consultant, authorizing work in a specific category as defined in the Scope of Services or among various work categories defined in the Scope of Services. City reserves the right to solely determine the issuance of Individual Task Orders to Consultant for work in all applicable work categories or among specific work categories, for any reason or no reason at all. 111.ATTACHMENTS. A. Attachment "A," City of Fort Worth Task Order for On-Call Professional Civil Engineering Services. B. Attachment "B," Technical Memorandum Submittal Requirements for Work Performed under the Agreement. C. Attachment "C," General Requirements for Work Performed under the Agreement. IV. AGREEMENT If there is any conflict between this attachment and the mainbody of the Agreement, the terms of the Agreement shall prevail. EXHIBIT"A" ATTACHMENT"A" Task Order to an Agreement by and between the City of Fort Worth,Texas (City)and James DeOtte Engineering, Inc. (Consultant)to perform On-Call Professional Civil Engineering Services, Water and Wastewater Modeling(Project) TASK ORDER NUMBER 2015-01 (Work Description) THIS TASK ORDER is made pursuant to the terms and conditions of the Professional Services Agreement (the "Agreement") entered into by and between the City of Fort Worth,Texas (City) and James DeOtte Engineering, Inc. (Consultant). I. ARTICLE 1. Consultant will perform the on-call professional civil engineering services in accordance with the Agreement and the Scope of Services / Compensation Schedule / Budget Summary attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. ARTICLE 2. Compensation for this Task Order shall be on a work order basis, not to exceed one hundred thousand and 00/100 Dollars ($100,000.00), and shall be paid in accordance with Article 3 of the Agreement and the Scope of Services / Compensation Schedule / Budget Summary as set forth in Exhibit "A" of the Task Order. Consultant shall not exceed the amount specified in this Task Order without the issuance of a supplemental Task Order issued by City in writing to Consultant. III. ARTICLE 3. This Task Order shall become effective on the latest date as reflected by the signatures below and shall terminate on November 1, 2018 unless extended by a supplemental Task Order issued by City in writing to Consultant. IV. ARTICLE 4.The City Project number and the Project Account Code are the following: City CIP Number: City Project Account Code: V. ARTICLES. Upon execution of this Task Order, the funds available under the Agreement are revised to the following: Current Project Budget (As Revised by Approved Task Orders): $100,000.00 Approved Work by this Task Order: $ 0.00 Revised Project Budget: $100,000.00 VII. ARTICLE 7.The following exhibits are attached below and made a part of this Task Order: A. Exhibit "A," Scope of Services/Compensation Schedule/ Budget Summary. Vill. ARTICLE 8.This Task Order does not waive the parties' responsibilities and obligations provided under the Agreement. IN WITNESS WHEREOF,the parties have executed this Task Order and caused this Task Order to be effective on the latest day as reflected by the signatures below. CITY CONSULTANT The City of Fort Worth, Texas James DeOtte Engineering, Inc. ,a By: � — By: A— Ca >- Name: An R. Carman Name: Ja es E. eOtte P.E. Title:W ter Director Title: Princi a) Date: 5 Date: /�, EXHIR1T W O.- fenkmat-Sernices-for-Water amd-Wastewater-Modeling- Attachment "B" Technical Memorandum Submittal Requirements for Work Performed under the Agreement I. Technical Memorandum Submittal Requirements. Unless hard copies are requested by the City, Consultant shall submit draft and final modeling results to City electronically, in Adobe portable document file (.pdf) format, unless an alternate electronic format is requested by the City. If hard copies are requested, City shall designate the number of copies in the task order. Each set of draft technical memorandums (TMs) shall be marked as "DRAFT." These shall be reviewed and checked by the City and returned to the Consultant for corrections. The Consultant shall address corrections, then seal, sign and date the approved final TMs. All documents, provisions, attachments and correspondence provided in accordance with this contract shall be dated. EXHIBIT"A" On-Call Professional Services for Water and Wastewater Modeling Attachment "C" General Requirements for Work Performed under the Agreement I. GENERAL REQUIREMENTS A. Consultant shall update the H2O1VIap Water, InfoWorks CS and CapPlan models with Geographic Information Systems (GIS) updates on a regular basis, as requested in writing by the City. The shapefiles or database containing the updates will be provided by the City to the Consultant along with the plat information showing parcels, land use and water system connectivity. B. Consultant shall coordinate and incorporate the following items into the modeling efforts: 1. Research existing and proposed plans for City utilities and facilities. 2. Geographic Information Systems (GIS) (parcels, land use and water coverages). 3. Utilize flow monitoring data and SCADA data, where available. 4. Evaluate existing water and wastewater systems and make recommendations on existing lines based on City design criteria,Texas Commission on Environmental Quality(TCEQ) requirements and distribution/collection system models as requested. 5. Prepare Consultants Opinion of Probable Construction Cost (OPCC) for alternatives. 6. Incorporate updates from the City's Geographic Information Systems (GIS) into the water and wastewater models and CapPlan. 7. Provide recommendations to City regarding water and wastewater lines and facilities necessary for proposed development as requested. EXHIBIT"B" On-Call Professional Services for Water and Wastewater Modeling COMPENSATION A. Not to Exceed: The total fee for Basic Services in Exhibit "A" shall be computed on the basis of the Schedule of Charges but shall not exceed $100,000. If FNI sees the Scope of Services changing so that Additional Services are needed,James DeOtte Engineering, Inc.will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Charges: Professional- 1 71 121 Professional-2 92 155 Professional -3 99 190 Professional-4 144 231 Professional -5 184 254 Professional -6 174 463 CAD Technician/Designer- 1 59 104 CAD Technician/Designer-2 94 135 CAD Technician/Designer-3 121 174 Corporate Project Support- 1 44 101 Corporate Project Support-2 73 181 Corporate Project Support-3 80 350 Intern/Coop 36 67 The ranges and individual salaries will be adjusted annually. RATES FOR IN-HOUSE SERVICES Plotter Printing Bond $2.50 per plot Black and White Color Other $5.00 per plot $0.10 per single side copy $0.50 per single side copy Color $5.75 per plot $0.20 per double side copy $1.00 per double side copy Binding $5.75 per book OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense,travel,transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work,including costs of laboratory analysis and tests. Other work required to be done by independent persons other than staff members are reimbursed at actual cost times a multiplier of 1.05. M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 8/25/2015 DATE: 8/25/2015 REFERENCE NO.: **C-27429 LOG NAME: 602015 ON CALL MODELING CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Contract with James DeOtte Engineering, Inc., in the Amount of$100,000.00 for the On-Call Water and Wastewater Modeling Professional Services Contract with Renewal Options (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a professional services contract with James DeOtte Engineering, Inc., in the amount of$100,000.00 for the On-Call Water and Wastewater Modeling Professional Services Contract with two renewal options. DISCUSSION: The purpose of this contract is to assist the City's water engineering personnel with unforeseen or unscheduled requests or projects that need independent assessment on water and wastewater modeling analysis. These models are used for assessments and analysis of the City's water and wastewater system to determine the impacts from potential redevelopment, new development and rehabilitation projects while in the conceptual stages of consideration. The Water Department will issue individual task orders to authorize the consultant to perform work under this Agreement until such time the contract funds in the amount of$100,000.00 have been expended. The City, at its sole option, may renew this contract two times under the same terms and conditions. M/WBE OFFICE - James DeOtte Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent SBE participation. The City's SBE goal on this project is 10 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: Upon approval of these recommendations, the Financial Management Services Director certifies that funds are available in the Water and Sewer Operating Budget. In Fiscal Year 2015, the budget includes appropriations in the amount of$500,000.00 for professional services and $292,520.78 has been expended as of June 30, 2015 and $16,666.66 are encumbered. The Financial Management Services Director certifies that funds will be included in the City Manager's proposed budget for Fiscal Years 2015-2016 for the Water and Sewer Fund. Upon approval of the above recommendations and upon the adoption of the Fiscal Year 2015-2016 Budget by the City Council to include the above recommendations, funds will be available in the Fiscal Year 2016 operating budget, as appropriated. Prior to expenditure being made, the Water and Sewer Fund has the responsibility to validate the availability of funds. TO Fund/Account/Centers FROM Fund/Account/Centers http://apps.cfwnet.org/council_packet/mc review.asp?ID=21254&councildate=8/25/2015 12/17/2015 M&C Review Page 2 of 2 PE45 531200 0702501 $50,000.0 PE45 531200 0602501 $50,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: John Carman (8246) Additional Information Contact: Nick Dons (8243) ATTACHMENTS 602015 NCALL MODELING M&P.pdf http://apps.cfwnet.org/council_packet/Mc—review.asp?ID=21254&councildate=8/25/2015 12/17/2015