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HomeMy WebLinkAboutContract 47883 CITY SECRETAW , I X� I CONTRACT NO. CITY OF FORT WORTH, TEXAS AGREEMENT FOR EMERGENCY PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and James DeOtte Engineering, Inc, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Emergency Streambank Stabilization for Two 90-Inch Sanitary Sewer Mains. Article I Scope of Services (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 Emergency Streambank Stabilization for Two 90-Inch Sanitary Sewer Mains Project. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated 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 $151,165.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. rFT. AL RECORD City of Fort Worth,Texas ECRETARY Agreement for Emergency Professional Services ORTH, TXDate:6/07/16 Page 1 of 8 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term until the completion of the subject matter contemplated herein. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of 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 respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) 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 Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07116 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $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. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Water Department, Attention: Roberto C. Sauceda, P.E., 1000 Throckmorton St., 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. City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07/16 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) 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 City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07/16 Page 4 of 8 diligently complete the correction thereafter (2) 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. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07/16 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. A waiver of this section has been granted by the MWBE Office. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No.. N/A Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07/16 Page 6 of 8 The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Water Department 1000 Throckmorton St. Fort Worth, Texas 76102 Consultant: James DeOtte Enginnering, Inc. Attn: James DeOtte, P.E. 2201 Dottie Lynn Parkway, Suite 119 Fort Worth, TX 76120 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Agreement for Emergency Professional Services Date:6/07/16 Page 7 of 8 Article XVII 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. BY: BY: CITY OF FORT WORTH ENGINEER James DeOtte Engineering, Inc. Jesus J. Chapa J es bpOtte, P.E. Assistant City Manager Pre W en Date: (p—/ Date: \A,, Z'b� APPROVAL RECOMMENDED: By: 161.1 . /•l a./- Chris Harder, P.E. Acting Assistan Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.:N/A (Attached emergency memo. By: M&C Date: N/A (Attached emergency memo. Doug-87ack Senior Assistant City Attorney ATT ®(� F®RT #Aa J. Kayser o City Secretary City of Fort Worth,Texas OFFICIAL RECORD Agreement for Emergency Professional Services Date:6/07/16 CITY SECRETARY Page 8 of 8 FT.WORTH, TX ATTACHEMENT A James .Civil Engineering ............... ... ................. - L..-- e.O.ffe........ .......................?I.n.d..Su.".eying.. JAWr44 .......... .... ...... Engineering...... ............��truction Management .................. ............I................ Inc. Hydrologic and Hydraulic Modeling ENGINEERING ................................................... 8 June 2016 Mr. Robert Sauceda, P.E. Project Manager City of Fort Worth Water Department Fort Worth, Texas 76102 Ref: Civil Engineering Services Sanitary Sewer M-338-B and M-280-B Slope Stabilization Mr. Sauceda, Thank you for your request for this proposal for civil engineering services for the referenced project. I have reviewed the project and offer the following proposal for your consideration. A -300' long area of the north side of the West Fork bank has apparent signs of slope failure that appeared to be encroaching within southern side of the existing 90" M- 388-B and 90" M-280-B easements just downstream of the manhole structures at Sta. 415+62.26 and 396+25, respectively. There is a noted presence of wafer seeping out near the river surface elevation from the sewer lines in several places. The suggested slope stabilization solution would be -300 LF x-30 VF of gabions placed on a beam foundation set atop piers. For the wafer seepage, the suggested solution would be to place clay dams, on the existing pipe lines,just upstream of the existing manhole structures and also -400' downstream to prevent any additional wafer mitigation along the existing sewer french. Additionally, a small French drain (-8-inch) to be placed further upstream and downstream of the clay dams with an outlet to the West Fork that included either some form of backflow prevenfer. Scope of Work I. Field Topographic Survey for -400' x 100' area. 11. Design of a gabion wall & French drain system. 111. Structural design of piers, foundation, & gabions. IV. Preparation of one Permanent Erosion Control Easement. V. Preparation of Erosion Protection plans. tax 817.930.0445 2201 Dottie Lynn Parkway Ste.119 * Fort Worth TX 76120 phone 817.446.6877 ........................... .... .....................I................................................................:..... .................................I.."....................... TOPLS Firm Reg.No.10101400:1TBPE Fwm Reg.No.8917 VI. Preparation of City of Fort Worth Floodplain Development Permit. VII. Preparation of Routine Wetland Delineation and Nationwide Permit Application. This scope of work assumes the following: • All review, submission of taxes, and filing fees will be paid by the owner. • Any services not specifically listed as part of this contract will be treated as an additional service. The owner will be notified before any additional services are performed. Fee JDEI will perform research, design, coordination, and calculations as needed for the preparation of the engineering construction plans. JDEI anticipates the fees listed above for the various elements of the project. All costs, associated with the identified scope of work, will be lump sum for the scope provided and will be billed as a percentage of completed work as determined by JDEI. JDEI proposes to provide the above described scope of work for a LUMP SUM fee of $151,165. Only those services specifically mentioned in the Scope of Work section are offered as a part of this proposal. Please review the enclosed information and do not hesitate to call me if you have any questions or require additional information regarding this proposal. Thank you for allowing us to propose on this project. Sincerely, lt� coa James E. DeOtte, P.E., R.P.L.S. 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ASSISTANT CITY ATTORNEY FROM: CARMAN, WATER DIRECTOR SUBJECT: TRINITY RIVER STREAMBANK EROSION AFFECTING TWO 90" SANITARY SEWER LINES—EMERGENCY RESPONSE Two 90" diameter sanitary sewer lines were installed in the 1960's and 1970's that initially connected the old Riverside Plant with the Village Creek Plant. They are generally aligned parallel to and offset from the Trinity River. These two pipelines currently convey the majority of the wastewater generated in Fort Worth to the Village Creek Plant, with flow capacity of upwards of 200 million gallons per day. With the recent heavy rains and associated flooding, approximately 300 linear feet of the Trinity River streambank has eroded to the point that the existing pipelines are in danger of being exposed and undermined. Should one of these pipelines start leaking as a result of soil movement or loss of soil support, the wastewater would flow directly into the Trinity River. A two part solution is recommended. First, structural piles will be driven to support the pipes in the event of further flooding and associated erosion. Second, the Trinity River streambank that has eroded will be stabilized to prevent further erosion. Driving the piles can be performed as soon as we can get a boring rig and pile driver into the site. Stabilizing the streambank will require a Corps of Engineers Permit 13, which may take several weeks to obtain, but construction should be initiated immediately after receipt of the permit. Waiting to bid and award a contract to support the existing pipelines or stabilize the streambank is not the best interest of the health and safety of the City of Fort Worth. Chapter 2, Article I, Section 2-9 of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents; and procurements necessary because of unforeseen damage to public machinery, equipment, or property. This memo is submitted to request authorization for emergency procurement of engineering and construction services to support the pipeline and stabilize the Trinity River streambank. It is estimated that the engineering, permitting, and construitionl costs associated with these emergency repairs may cost approximately $700,000.(Cows S GF$,8 35� ��yr eeo►nc� . A confirming M&C will be circulated to ratify the above activities after the work has been performed. APPROVED FOR EMERGENCY PROCUREMENT: Recommended: Z"'X�� Ca-ma ,Director,lWaterr Dept. Approved As To Form and Legality: Douglas W Black,S sistant City Attorney Approved: L, JackA ,Purchasing Manager Approved: Jesus J. Chapa,Assistant C' Manager