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HomeMy WebLinkAboutContract 52655 CITY SECRETAR Y CONTRACT NO., 5a(0 5 5 DESIGN PROCUREMENT AGREEMENT 4\ 1oc BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. This Design Procurement Agreement ("Agreement") is entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and Harris Kocher Engineering Group, Inc., a Denver corporation authorized to do business in the State of Texas ("Consultant"), acting by and through its duly authorized representative. City and Consultant are referred to herein individually as a Party and collectively as the Parties. WHEREAS, the City and Domain at Bluff View, LLC ("Developer") entered into a Standard Community Facilities Agreement for the construction of public infrastructure, City Secretary Contract Number 48944, for a project generally described as Domain at the Bluff ("Project"); and WHEREAS, Developer selected Harris Kocher Engineer Group, Inc. as the design consultant for the Project based on demonstrated competence and qualifications to provide the services for a fair and reasonable price; and WHEREAS, during the construction of the Project, portions of the City's sanitary sewer line were damaged; and WHEREAS, during discussions between City and Developer regarding the sanitary sewer line repair, the City requested that Developer cause Consultant to prepare a design for the replacement of approximately 525 liner feet of sanitary sewer line that had not been damaged but was in need of replacement("Proposed Sanitary Sewer Replacement"); and WHEREAS, Consultant has prepared the plans for the Proposed Sanitary Sewer Replacement, but the City has decided to construct the Proposed Sanitary Sewer Replacement at a later date; and WHEREAS, Consultant has requested reimbursement from the City for Consultant's preparation of the plans; NOW THEREFORE, in consideration of the promises and of the mutual covenants contained herein, City and Consultant hereby agree as follows: I. SCOPE OF SERVICES Consultant agrees to provide City with the following services ("Services"): Consultant shall prepare and transfer to the City ownership of the sanitary sewer pro_fi_le ��I°?���L RECORD DESIGN PROCUREMENT AGREEMENT � -� 3��ETARY BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. 71. WORTH,TX I named "Mayfield Street & Samuels Ave" ("Design Plans"), a copy of which is attached hereto as 3 Exhibit"A" and incorporated herein by reference. City and Consultant agree that City shall be the owner of the Design Plans. Consultant agrees to deliver sealed Design Plans to the City by October 1",2019,unless said time period is extended pursuant to Section III of this Agreement. 9 II. COMPENSATION t City shall pay Consultant a fee in the amount not to exceed $9,930.00, for the preparation and delivery to the City of the Design Plans. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary for Consultant to perform the Services e contained in this Agreement. Consultant shall provide an invoice to the City for the Services. 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 t y connection with the Services for which payment is made, including any act or omission of the City in connection with such Services. III. TERM This Agreement shall begin upon the date of its execution and expire on October 1", 2019. This Agreement may be extended upon written agreement of the parties. F IV r 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. V. '3 PROFESSIONAL COMPETENCE AND INDEMNIFICATION E (1) Work performed by Consultant shall comply in all aspects with all applicable local, state ilk and federal laws and with all applicable rules and regulations promulgated by the local, DESIGN PROCUREMENT AGREEMENT Page 2 of 10 1 BETWEEN THE CITY OF FORT WORTH,TEXAS „ AND HARRIS KOCHER ENGINEERING GROUP,INC. 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 AND HOLD HARMLESS 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. CONSULTANT SHALL REIMBURSE CITY FOR CITY'S REASONABLE ATTORNEYS FEE IN PORPORTION TO CONSULTANT'S LIABILITY. 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 $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease -policy limit $100,000 disease -each employee DESIGN PROCUREMENT AGREEMENT Page 3 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. (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 Engineering and Fiscal Services, Attention: Soon Wong, P.E., 200 Texas Street, Fort Worth, Texas 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: 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. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. DESIGN PROCUREMENT AGREEMENT Page 4 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. 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. 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 Parry 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 (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 II of this Agreement. (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. 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 DESIGN PROCUREMENT AGREEMENT Page 5 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. 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. 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. 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. 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. XIII. CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. DESIGN PROCUREMENT AGREEMENT Page 6 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. 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. 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: To the City: To Consultant: City of Fort Worth Harris Kocher Engineering Group,Inc. Attn: Chris Harder, P. E. Attn: Scott Scherer, P.E. Fort Worth Water Department 101 Summit Avenue, Suite 1014 200 Texas Street Fort Worth, Texas 76102 Fort Worth, Texas 76102 with copies to: City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 and City Manager's Office 200 Texas Street Fort Worth, Texas 76102 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. DESIGN PROCUREMENT AGREEMENT Page 7 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. XVII. IMMIGRATION NATIONALITY ACT City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Consultant shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Consultant shall complete the Employment Eligibility Verification Form(I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Consultant shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. CONSULTANT SHALL INDEMNIFY CITY FROM ANY PENALTIES OR LIABILITIES DUE TO VIOLATIONS OF THIS PROVISION. City shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. XVIII. PROHIBITION OF BOYCOTTING ISRAEL Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Consultant certifies that Consultant's signature provides written verification to the City that Consultant. (1) does not boycott Israel; and(2) will not boycott Israel during the term of this Agreement. XIX. 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. DESIGN PROCUREMENT AGREEMENT Page 8 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. IN WITNESS THEREOF,the Parries have made and executed this Agreement in multiple originals to be effective on the date executed by the City's Assistant City Manager. CITY OF FORT WORTH CONSULTANT Han-is, cher ngineering Group,Inc. Dana Burghd Name: O'Ro Interim Assistant City anager Title: Vice President Date: } Z,- Date: 07 Id'i o/ `► APPROVAL RECOMMENDED: By: Chris Harder, P. E. Water Department Director APPROVED AS TO FORM AND LEGALITY By:_=; Richard A. McCracken Assistant City Attorney No M&C Required. F�R T Form 1295: N/A �� '" t ' ATTWfayse U u M 0 Xa� City Secretary CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all f ance and reporting requirements. By: Name: Soon Wong Title:-Engineering Manager T OFFICIAL RECORD CITY SECRETARY DESIGN PROCUREMENT AGREEMENT TX BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC. EXHIBIT A r W its! 11 i II'I, rs f n 1 `' �Lf t II` Ar i I i4 f y-�f + -�- ,a , �f I al I � F c a a a a a a t IV 771 � a�F360�$k2znl jaaa .asp 6 � s T s, li' ' --_-��� 414i jibL -= ii i :T H F q � I G —2 RE � ow�e snoo e � � miwrWir.ar DESIGN PROCUREMENT AGREEMENT Page 10 of 10 BETWEEN THE CITY OF FORT WORTH,TEXAS AND HARRIS KOCHER ENGINEERING GROUP,INC.