Loading...
HomeMy WebLinkAboutContract 53547 CITY SECRETARY CONTRACT NO. 5354 RECEIVED FEB 18 2020 C"OFFOBTtoVORTH CITY OF FORT WORTH, TEXAS "'YSECRUAHY STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Stantec Consultants Services Inc, authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Erosion Mapping and Miscellaneous Geo-morphological Services. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Erosion Mapping and Miscellaneous Geo- morphological Services. (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 Il Compensation Consultant shall be compensated an amount up to $200,000.00 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". The Consultant shall provide monthly 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 Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. In no event, however, shall a term exceed 5 years. City shall provide notice to Consultant in the event the City fails to appropriate funds, and in such event Consultant's obligations under the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 f ( P Page 1 of 10 FF1101AL I�E�LGRD CITY SECRETARY Agreement shall immediately cease, except for completion of any services paid in advance if any.IL(k, , , y �c nt�ceu�t� o.'&C ad'drrr'ou .( 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 the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the negligent 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, THOSE FOR 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 THE EXTENT CAUSED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACTOR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITr OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 10 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 (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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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, and/or non-renewal, 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 10 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 make available for inspection by City a copy 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) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. - b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 and Exhibit "B" attached hereto and incorporated herein. a. 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 upon full payment of all monies owed to the Consultant. Article IX City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 10 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. Notwithstanding- the foregoing, the City's right to inspect, copy and audit shall not extend to the composition of the Consultant's rates and fees, percentage mark-ups or multipliers but shall apply only to their application to the applicable units. (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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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. Article XI Observe and Comply Consultant shall at all times observe and comply with all applicable 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 10 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 indemnify and hold harmless (but not defend) City and all of its officers, and employees from and against all liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Immigration Nationality Act Consultant shall verify.the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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. Article XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 10 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 XVI 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: Ranjan S. Muttiah Stormwater Management Transportation & Public Works 1000 Throckmorton Street Fort Worth, TX 76103 Consultant: Stantec Consulting Services Inc Attn: Stephanie Coffman 5049 Edwards Ranch Clearfork, FL 4 Fort Worth, TX 76109 Article XVII Prohibition On Contracts With Companies 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 contract, 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 the contract. Article XVIII Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE XIX Liability & Damages City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 10 Any claim, demand or suit shall be directed and/or asserted only against the Consultant and not against any of the Consultant's employees, officers or directors. Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 8 of 10 Article XX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A - Scope of Services Attachment B— Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Stantec Consulting Services Inc. Dana Bur hdoff Stephanie Coffman Assistant City Manager Principal Date: Z 12-0 7-0 Date: AP PR V L R OMMENDED: ci . By: William M. Johnson Director, Transpo/ation & Public Works City of Fort Worth,Texas ` Standard Agreement for Professional Services I Revision Date:11.07.17 Page 9 of 10 i Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. 201 Q— �2$'�✓� requirements. M&C No.: t9—O 300 Ranjan S. Muttiah, M&C Date: �I `T Senior Professional Engineer do APPROVED AS TO FORM AND LEGALITY ATTEST: '�°.. By. Douglas W. Black 1) ary J.tK Assistant City Attorney City Secretary City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 OFMCIAL RECORD Page 10 of 10 CITY SECRETARY FT WORTH,TX ATTACHMENT "A" Scope for Engineering Design Related Services for Erosion Mapping and Miscellaneous Geo-morphological Services The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. PREFACE The City of Fort Worth experiences several erosion and sedimentation issues that are common occurrences in urbanized and developing watersheds. As progress occurs, the landscape is transformed from one landuse to another, which sometimes triggers overland and creeks process to respond by eroding in some locations and causing excess sediment in others. These erosion and sedimentation issues can threaten infrastructure (building, pipelines, roadways, park land, etc.), increase flood risk due to reduced conveyance capacity in channels and reduced storage capacity in detention areas, expend field operation crew time in removing and disposing of excess sediment, and creating potentially unsafe areas for nearby residents. In order to identify overland and creek landscape areas of the City that are experiencing or vulnerable to future erosion, the City developed an early version of an Erosion Potential Map at 100-ft resolution. The map serves to educate the public, help anticipate and schedule restoration activities and maintenance projects, and assist avoiding erosion prone areas. Areas were classified into seven categories ranging from low-no erosion to high-extreme erosion. The CITY has requested the ENGINEER to provide an expansion of the early methodology development to create a very high confidence, and more precise and accurate product as well as be available for on-call consultation for any erosion and/or sedimentation concerns that may come up over the duration of the contract. OBJECTIVE This contract provides professional services through an ID/IQ, so that highly qualified and recognized specialists who have laboratory, training, and extensive field experience with capacity to help develop a methodology for mapping erosive areas over the City limits, ETJ, and contributing watershed drainage areas outside the City and ETJ limits. It is anticipated that an Erosion Potential Mapping methodology will be developed during this ID/IQ and will be validated over a limited spatial domain (i.e, Marys Creek Watershed, Sycamore Creek Watershed, etc.)for landscape areas experiencing instability as well as areas in generally stable conditions. It is anticipated that specific tasks associated with enhancing and redeveloping an improved Erosion Potential Methodology may include: • Data collection of available data relevant to erosion to be complied and organized. • Scientific literature review of erosion concerns related to urban settings would be collected and reviewed. Selected literature would focus on causes, drives, and processes of erosion in urban environments. • Data preparation and documentation to develop a memo that presents the collected data, formats, and potential concerns (data gaps) with the data sources. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 22 • Parameter identification would be developed based on the data collection, literature review, peer review to characterize potential drivers of erosion within the City and ETJ. • Parameter evaluation will focus on parameters chosen based on the outcome of the data collection, scientific literature, and peer review and approved by the City. For example, these may focus on land use, geology and soils, hydraulics, channel morphology, riparian vegetation, and proximity to infrastructure. • Data processing by the use of GIS technology to analyze data, generate scripts, develop automated iterations to calculate and evaluate selected parameters. For example, LiDAR data may be used to evaluate channel geometry (W/D), channel bed slope, side slopes, etc.) and processed to analyze multiple data sets for the same locations, different year to assess channel change over time. • Statistical analysis, calibration, and adjustment will compare each parameter to existing conditions documented in previous studies and conduct a correlation analysis to see which parameters coincide with the conditions. Adjusted parameters would be based on statistical analysis and calibration, field verification and past scientific evidence. • Field Validation would visit a specific number of locations distributed geographically and physiographically across the City and ETJ to validate the methodology. This information would be use to assess in the input parameters are reliable and accurate. This contract is also anticipating the need for on-call geomorphological services. The ENGINEER will provide as needed on-call geomorphological services for the CITY. The ENGINEER will provide boots on the ground quickly to respond to the requests of the CITY. Each problem will likely have a unique set of challenges specific to the conditions. The ENGINEER will respond to requests through a combination of desktop analysis and site visits. The ENGINEER will document the results of each task in a memo to file, describing observations and recommendations for next steps. Work will be conducted on an as- needed basis and the ENGINEER will respond to requests from the CITY promptly and efficiently. WORK TO BE PERFORMED Because of great variability in the amount of parameters potentially being evaluated for the Erosion Mapping Methodology and the variation in the assessment needs at each location, the Scope of Work, Deliverables, Compensation, and Schedule will be negotiated for each individual Task Order. Task Orders will be documented on a on a Task Order authorization form, and a blank sample is provided in Attachment "B" to this contract. Authorization to proceed is given by signature of the CITYs Project Manager. No work will be conducted under this ID/IQ without first receiving prior authorization from the CITY. Compensation is based in time and materials use the rate sheet provided as Attachment"B" to this contract. Project schedules will be developed for each individual Task Order. The total duration of the project will not exceed 2 years. The ENGINEER understands that this contract is renewal one time at the CITY's discretion City of Fort Worth,Texas Attachment A PMO Release Date:0 7/2 3120 1 2 Page 2 of 2 ATTACHMENT B COMPENSATION Engineering Design Related Services for Erosion Mapping and Miscellaneous Geo-morphological Services Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. A summary of current billing rates is provided below: Staff Level Billing Level Hourly Rate CAD Technician, Civil Designer, 3 $92 Inspector, Planner, Project Technician, 4 $103 Scientist 5 $111 6 $115 7 $122 Civil Technician, Designer, Engineer, 8 $127 Field Supervisor, GIS Analyst, Inspector, 9 $137 Land Surveyor, Landscape Architect, 10 $143 Project Manager Scientist, Senior CAD 11 $154 Designer, Senior Civil Technician 12 $158 Engineer, Field Supervisor, Principal, 13 $167 Project Manager, Senior Engineer, Senior 14 $173 Landscape Architect, Senior Planner, 15 $191 Senior Principal, Specialist 16 $219 Specialist, Vice President 17 $229 18 $234 Survey Crews 2-Person Crew $208 These rates are adjusted annually in accordance with the normal review procedures of Stantec. ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed by Direct Expenses at invoice or internal office cost. City of Fort Worth,Texas Attachment B B-1 ATTACHMENT B COMPENSATION Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing, and reproduction services, other direct expenses associated with delivery of work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II — Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented bin Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth,Texas Attachment B B-2 ATTACHMENT B COMPENSATION III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols, Inc. Engineering and PM $99,000 50% SBE Sub-Consultant D&S Engineering Labs, LLC Field Data Collection, $5,000 2.5% Geotechnical Services Spooner And Associates Field Survey and Digital $15,000 7.5% Data Processing Non —MIWBE Consultants Freese and Nichols, Inc. Engineering and $65000 32% Environmental Consultation Specialty Devices Inc. Geomorphology $16,000 8% Dr. Peter Allen Consultation TOTAL FEE: $200,000 100% With one renewal option Project Number and Name Total Fee SBE Fee SBE % Erosion Mapping and $200,000 with one renewal $20,0000 10% Miscellaneous Geo- option morphological Services City SBE Goal = 10% Consultant Committed Goal = 10% City of Fort Worth,Texas Attachment B B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Engineering Design Related Services for Erosion Mapping and Miscellaneous Geo- morphological Services will be issued by Task Order. The Total Contract Amount is $200,000.00. The ENGINEER anticipates approximately 70% of the Total Contract Amount to be authorized for the Erosion Potential Mapping Methodology tasks and approximately 30% of the Total Contract Amount to be authorized for the On-call Geomorphological Services. Because of great variability in the amount of parameters potentially being evaluated for the Erosion Mapping Methodology and the variation in the assessment needs at each location, the Scope of Work, Deliverables, Compensation, and Schedule as to be negotiated for each individual Task Order. In Addition, it is possible that the percentages listed above may change because of the CITY need for each Task Order assigned. City of Fort Worth,Texas Attachment B B-4 ® Stantec Attachment A Task Authorization #01 Client Company: City of Fort Worth,TX Stantec Project#: Attention: Stantec Project Name: Address: Date: City, State,Zip: Phone: This authorization is in accordance with the terms and conditions outlined in the Master Agreement executed on and expires on Project Description: Deliverables: Compensation shall be as follows: Amount of this Authorization $ Schedule shall be as follows: The above described services shall proceed upon return of this Task Authorization. Services will be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are not expressly amended shall remain in full force ❑ A contract modification will be submitted. ❑ This Task Authorization will serve as notice to proceed. Stantec Consulting Services Inc.: Client Name: City of Fort Worth,TX BY: BY: Print or Type Name Print or Type Name TITLE: TITLE: DATE: DATE: ® Stantec INVOICE Page 1 of 2 Invoice Number Invoice Date Customer Number Project Number Bill To Please Remit To City of Fort Worth Stantec 1000 Throckmorton Streeet Fort Worth,TX 76102 Project Description: Stantec Project Manager: Coffman,Stephanie Contract No: Contract Date: Authorization Amount: $200,000.00 Authorization Previously Billed: Authorization Billed to Date: Current Invoice Due: For Period Ending: Client Contact Name: Ranjan S.Muttiah Submitted via email to: ranjan.muttiah@fortworthtexas.gov Due upon receipt or in accordance with terms of the contract INVOICE Page 2 of 2 Invoice Number Project Number Top Task 200 Task Name Progress Charge Total Previously Current Invoiced Invoiced Amount $X.XX x %Complete Progress Charge Subtotal $X.XX Top Task 200 Total $X.XX Top Task 202 Task Name Progress Charge Total Previously Current Invoiced Invoiced Amount $X.XX x%Complete Progress Charge Subtotal $X.XX Top Task 202 Total $X.XX Total Fees& Disbursements $X.XX INVOICE TOTAL(USD) $X.XX ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Engineering Design Related Services for Erosion Mapping and Miscellaneous Geo- morphological Services 1. Article III, Term of contract shall be amended as follows: "Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term of 2 years beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. In no event, however, shall a term exceed 5 years. City shall provide notice to Consultant in the event the City fails to appropriate funds, and in such event Consultant's obligations under the Agreement shall immediately cease, except for completion of any services paid in advance if any." 2. Article V, Professional Competence and Indemnification shall be amended as follows: (2) "THE CONSULTANT,AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY CLAIMS, LAWSUITS,ACTIONS, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO,THOSE FOR 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 THE EXTENT CAUSED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(ii)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS,AGENTS,ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS,RELATED TO THE PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT." 3. Article Vl, Insurance shall be amended as follows (2)Additional Insurance Requirements d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, and/or non-renewal, in policy terms or coverage. A ten days' notice shall be acceptable in the event of non- payment of premium. i. Upon the request of City, Consultant shall make available for inspection by City a copy of all insurance- policies required by these Agreement documents. 4. Article VIII, Termination of Contract shall be amended as follows (2)a. All reports,whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 2 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 upon full payment of all monies owed to the Consultant. 5. Article IX, Right to Audit shall be amended as follows (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.Notwithstanding the foregoing,the City's right to inspect,copy and audit shall not extend to the composition of the Consultant's rates and fees,percentage mark-ups or multipliers but shall apply only to their application to the applicable units. 6. Article X1, Observe and Comply shall be amended as follows "Consultant shall at all times observe and comply with all applicable 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 misundefstanding or ignorance thereof shall be considered. Consultant agrees to indemnify and hold harmless (but not defend) City and all of its officers, and employees from and against all liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees." 7. Article XIX, Liability and Damages (New Article added) "Any claim, demand or suit shall be directed and/or asserted only against the Consultant and not against any of the Consultant's employees, officers or directors. Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies." City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 2 of 2 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTlI DATE: 11/12/2019 REFERENCE""M&C 19- LOG 20EROSIONMAPPINGANDGEOMORPH NO.: 0300 NAME: CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of an Agreement with Stantec Consulting Services Inc., in the Amount of$200,000.00 for Erosion Mapping and Miscellaneous Geomorphological Services with an Option to Renew for an Additional Year(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of an Agreement with Stantec Consulting Services Inc., in the amount of$200,000.00 for Erosion Mapping and Miscellaneous Geomorphological Services with an option to renew for an additional year. DISCUSSION: The contract recommended by this Mayor and Council Communication will be used to develop a methodology to identify areas of the City that are experiencing or are likely to experience severe erosion due to rainfall and stream flow. The contract also has a provision for the Consultant to provide technical services toward the development of mitigation plans for erosion problems that are identified. The effort will assist with City infrastructure projects located in erosion prone areas, the prioritization of erosion control projects, and serve as a communications tool to help inform the planning and decision making of current and prospective property owners/residents. Application of the methodology to map the City in a Geographic Information System (GIS)will be authorized through a subsequent Mayor& Council communication. This work will also provide key information for the development of a City policy setting guidelines for the City's engagement with severe erosion in private creeks and channels. A Request for Qualifications (RFQ)for a variety of drainage engineering services was published in the Fort Worth Star-Telegram in May and June of 2018. Eighteen firms responded to the Erosion and Geomorphology aspect of the RFQ. Stantec Consulting Services Inc., was selected as the most qualified firm based on the selection critera. This not-to-exceed contract for $200,000.00 will have an initial term of one (1) year, with an option to renew for an additional year. Staff considers this fee to be fair and reasonable for the contemplated scope of services. Funding will be from the Stormwater Utility Fund. M/WBE Office- Stantec Consulting Services Inc., is in compliance with the City's M/WBE Ordinance by commiting to 10 percent SBE participation. The City's goal is 10 percent. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in the Stormwater Capital Projects Fund, as appropriated, by the Fiscal Year 2020-2024 Stormwater Capital Improvement Plan. Prior to any expenditure being made, the department has the responsibility to verify the availability of funds. TO Fund Department Account Project Program Activity Budget Reference#__t__Amount ID ID......._ ._..._......_...__...._..._......................_...._.._._.._ Year......._ ChartFie...d.._2).......... .............. FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2� http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27447&councildate=11/12/2019 2/13/2020 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: William Johnson (7801) Additional Information Contact: Ranjan S. Muttiah (7919) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27447&councildate=l1/12/2019 2/13/2020