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HomeMy WebLinkAboutContract 40002STATE OF TEXAS § § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the 0(,Tday of 2010 between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and CH2M Hill, Inc., an independent consultant "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 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 the Storm Water Capital Project Management Services ("Project"). Section 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 sub consultants, 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 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered frill 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 $2,309,748.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide 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 `=CORD j CITY SECRETARY F% iF3QR3'H, TX connection with Lite services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Until the completion of the subject matter contemplated herein. ARTICLE 4 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. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 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. Section 2. In accordance with Texas Local Government Code Section 271.90�}, 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. ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance reduired 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, Professional Services Consultant Agreement Rev 2.26.10 Page 2 of 8 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 coverage if written on a split limits basis). 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 Section 2. Additional Insurance Requirements equivalent limits Coverage shall be of on 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 Linda S. Young, P.E., Storm Water Management Division, 1000 Throcicmorton Street, 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. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII o1• 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 1•isk h•eatment 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 subt•ogation providing rights of recovery in favor of the City. Professional Services Consultant Agreement Rev 226.10 Page 3 of 8 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 self4unded 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. ARTICLE 7 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 8 TERMINATION OF CONTRACT Section 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 diligently complete the correction thereafter Section 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. Section 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. Professional Services Consultant Agreement Rev 2.26.10 Page 4 of 8 ARTICLE 9 RIGHT TO AUDIT (a) 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. (b) 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 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant 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 subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants 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 10 MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. 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 11 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 Professional Sen�ices Consultant Agreement Rev 226.10 Page 5 of 3 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. 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 13 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 14 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 15 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: Linda S. Young, P.E. Storm Water Management Division City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Professional Services Consultant Agreement Rev 2.26.10 Page 6 of 8 Consultant: CH2M Hill, Inc. 309 West 7"' Street Suite #1020 Fort Worth, Texas 76102 ARTICLE 16 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 17 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. Professional Services Consultant Agreement Rev 226.10 (Remainder of Page Intentionally Left Blank) Page 7 of S IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas, CITY OF FORT WORTH: doe AMOO�� Fernando Costa Assistant City Manager Randle Harwood, Director Program Management Office APPROVED AS TO FORM AND LEGALITY: !V /I Assistant City Attorney ATTEST: City Secretary io Date Professional Services Consultant Agreement Rev 2.26.10 CONSULTANT: CH2M Hill, Inc. vice rrestaent _ a Con raGta Autho izatia>a bate Page 8 of S ATTACHMENT Scope of Work Under Agreement between City of Fort Worth and CH2M HILL for Storm Water Capital Project Management Services Objective The objective of Task 1 through Task 7 is to provide storm water capital project management and administrative support, from design through construction, as an extension to City staff. This objective ofTasl< 8 is to provide Planning and Development Department (P&D) capital project management, from design through construction, as an extension to City staff. The eight tasks are outlined below: Task l . Assist in Procurement of Design Consultants Task 2. Manage Project Design Process Task 3. Manage Right of Way Acquisition Process Task 4. Manage Utility Relocation Process Task 5. Manage Project Construction Process Task 6. Close Project Task 7. Provide Project Administrative Support Task 8. Planning and Development Department Project Management Services Basic Assumptions (Task 1 through Task 7) Numerous assumptions were made in developing the scope of services and associated costs, including the following: • The duration of the initial contact phase is 24 months. • There will be two annual (12 month) contract extensions, based on satisfactory performance and City needs, using this contract mechanism. • Approximately 12 active projects can be managed effectively by one full-time project manager. • All existing storm water projects managed tinder CH2M HILL's Integrated Program Management for Capital Project Delivery Phase 3 Contract will be transferred to this Contract in October, 2010. • The approximate number of projects to be managed are: — 7 projects starting in March, 2010 9 projects starting in June, 2010 35 projects starting in October, 2010 39 project starting in January, 2011 42 projects in fiscal Year 2012 OFFIClQ L RECORD CITY SECRETARY i FT. WORTH, TX 40 project in fiscal Year 20 to 40 projects in fiscal Year 2014 • The City will make available needed information on existing and proposed projects in a timely mamier. • Under Task 5, Manage the Construction Process, the presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or Consultant's persorulel in any way responsible for those duties that belong to OWNER's inspection staff and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, job site safety, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. • The Task effort and deliverables outlined under the Scope are subject to change based on City needs and processes. The effort and deliverables are not limited to the items listed for each Task. Scope The scope for each Task is presented below. Task 1. Assist in Procurement of Design Consultants Description of Work: • Become familiar with the project, available funding, and schedule. • Review consultant scope, schedule, and fee. • Negotiate with the consultant to obtain the appropriate level of scope. • Prepare the Mayor and Council communication (M&C). • Review the final contract for completeness. • Issue Notice to Proceed. • Maintain documentation of the above processes. Deliverables: • Recommendation of consultant scope and fee. • M/WBE project goal and Contract Compliance Memorandum. • M&C for consultant contract. • Executed contract. • Documentation of the above maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 2. Manage Project Design Process Description of Work: • Act as the City's primary point of contact. • Coordinate with the consultant and City project control staff to develop a baseline schedule. • Charter the project team. • Schedule meetings as needed with City staff from all departments. • Attend weekly staff meeting with the program manager, City PMs, CPMs, and administrative staff. • Obtain and review monthly consultant status reports and schedules. Report project status to the program manager. • Track project's progress in the City's PM/Program Manager dashboard. • Update the City's overall project schedule as needed. • Review invoices for reasonableness, accuracy, and appropriate charges. • Review consultant submittals at the 30%, 60%, 90%, and 100% design phases for completeness, constructability, conformance with the Storm Water Management Design Manual, and other City design standards. • Schedule and lead review meetings of the consultant design submittals with the City's storm water technical review team. Coordinate reviews as needed with other City departments. • Coordinate and conduct a public meeting at the 60% design stage. • Schedule project site visits as necessary. • Coordinate a constructability review at the 60% design stage. • Proactively manage change on the project. _ Deliverables: • Monthly status reports. • Recommendation of invoice payment. • Design review comments. • Budget reviews and updates. • Schedule updates. • Recommendation of amendment scope and fee. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 3. Manage Right of Way Acquisition Process Description of Work: • Act as task manager for the City's Real Property group staff and acquisition consultants, if used. Be the primary point of contact with Real Property for the consultant and acquisition consultants. • Review easement/ROW and property acquisition documents against the requirements of the design for appropriateness and accuracy. • Coordinate with Real Property so appraisals are completed in a timely manner. Review appraisals for completeness. • Review acquisition M&Cs and update budget. • Coordinate with the City's Legal Department on Eminent Domain issues. • Coordinate with the City's Economic Development Department on relocation issues. • Maintain project tracking spreadsheet with up to date estimated easement/ROW costs. Deliverables: • Easement/ROW/property acquisition review comments. • Appraisal review comments. • Acquisition M&C review comments. • Budget reviews and updates. • Documentation ofthe above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 4. Manage Utility Relocation Process Description of Work: • Ensure appropriate Level of Subsurface Utility Engineering (SUE) is being conducted by the consultant. • Review consultant SUE plan sheets for conformance to the SUE Quality Level scoped. • Coordinate with the consultant to identify options that minimize utility conflicts. • Submit plans to the City's Utility Coordinator. • Coordinate with the City's Utility Coordinator for utility relocations. • Maintain project tracking spreadsheet with up to date estimated utility relocation costs. • Prepare M&Cs if necessary to fund utility relocations and update the budget. Deliverables • SUE plan sheet review comments. • M&C for utility relocation costs. • Budget reviews and updates. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Task 5. Manage Project Construction Process Description of Work: • Obtain M/WBE construction project goal. • Review consultant prepared Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project. • Lead pre -bid meeting, if one is required. • Attend Bid Opening. • Review consultants bid tab summary for completeness and accuracy. • Review contractor's bid package for conformance with the contract requirements. • Recommend successful bidder for contract award. • Prepare M&C for authorization to award contract. • Issue the Notice to Proceed. • Act as the point of contact between the contractor, inspector, and consultant. • Coordinate and conduct a public meeting at the start of construction. • Coordinate with the design consultant on responses to Request for Information and submittal reviews. Maintain hard copies of these documents and ensure consultant is tracking them. • Coordinate site visits with the inspector and consultant as appropriate. • Ensure contractor and inspector are maintaining as -built mark-ups. • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges. • Proactively manage change on the project. Deliverables: • Advertisement. • Recommendation to award contract. • M&C for construction contract. • Notice to Proceed. • Budget reviews and updates. • Recommendation for change order approval. • M&C for change order. • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzzsaw site. Taslc 6. Close Project Description of Work: • Once the storm drainage system is functional and construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant. • Coordinate and attend a final walk through with the consultant, inspector, and contractor. • Verify final punch list is completed by the consultant. • If part of the consultant's scope, coordinate completion of Record Drawings and deliver to the City's record storage (the "vault") in electronic form and in hard copy mylar drawings. • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges. • Reconcile the budget if any negatives exist. • Recommend final project closure and complete the City's "green" sheet. • Purge the files of any unnecessary documents and archive the project. Deliverables: • Final punch list. • Record drawings. • Recommendation of final invoice payment. • Expenditure and budget reconciliation. • Final closure recommendation "green sheet." • Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's BUZZsaw site. Task /. Provide Project Administrative Support Description of Work: • Coordinate and schedule capital project status review meetings. • Coordinate M/WBE paperwork. • Maintain capital projects descriptions spreadsheet. • Coordinate CPMS project and financial tracking • Coordinate the M&C process. • Maintain project files; physical and digital. • Maintain overall capital project "Action Items" list. • Coordinate site visits. • Perform miscellaneous administrative tasks. Task 8. Planning and Development Department Project Management Services This task is to provide Planning and Development Department (P&D) capital project management, from design through construction, as an extension to City staff. Assumptions: • Six (6) active projects will be managed by a single project manager. The projects include: West Berry Streetscape Improvements — Magnolia Village Streetscape Improvements Hemphill Berry Urban Village Phase 2 Streetscape Improvements Berry Riverside Urban Village Phase 2 Streetscape Improvements Near East Side Urban Village Phase 2 Streetscape Improvements — Hyde Park/Ninth Street Pedestrian and Streetscape Enhancements • The duration of Task 8 is 24 months. • The presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make CONSULTANT or Consultant's personnel in any way responsible for those duties that belong to OWNER's inspection staff and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, job site safety, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. Description of Work: • Act as the City's primacy point of contact. • Assist in scheduling meetings as needed with City staff from all departments. • Obtain and review monthly consultant status reports and schedules. Report project status to the program manager. • Assist in tracking project's progress in the City's PM/Program Manager dashboard. • Assist in updating the City's overall project schedule monthly. Review invoices for reasonableness, accuracy, and appropriate charges. • Review consultant submittals at the 30%, W/o, W/o, and 1009/o design phases for completeness, constructability, conformance with City, TxDOT, TDLR and other appropriate design standards. • Schedule and lead review meetings of the consultant design submittals with the City's review team. Coordinate reviews as needed with other City departments. • Submit percentage plan submittals and coordinate plan reviews with TxDOT Regional and Austin office. • Submit and coordinate 100%plan and construction documents. • Support the P&D staff in coordinating and conducting public meetings at the various design stages. • Proactively manage change on the project. • Coordinate CPMS project and financial tracking • Provide exposure to specific project management skills during the normal course of work to address capacity building for P&D staff. • Support P&D staff to coordinate with the City's Real Property group staff and acquisition consultants, if used. Be the primary point of contact with Real Property for the consultant and acquisition consultants. • Coordinate with the City's Utility Coordinator for utility relocations. • Review the Notice to Bidders and Comprehensive Notice to Bidders for accuracy and advertise the project. • Lead pre -bid meeting, if one is required. • Attend bid opening. • Review consultants bid tab summary for completeness and accuracy. • Review contractor's bid package for conformance with the contract requirements. • Recommend successful bidder for contract award. • Assist in the preparation of the M&C for authorization to award contract. • Issue the Notice to Proceed. • Act as the point of contact between the contractor, inspector, and consultant. • Respond to Requests for Information and submittal reviews. Coordinate with the design consultant's response if they are involved. Maintain hard copies of these documents and ensure consultant is tracking them. • Coordinate site visits and meetings with the inspector, consultant and contractor as appropriate. • Ensure contractor and inspector are maintaining as -built mark-ups. • Review contractor and consultant invoices for reasonableness, accuracy, and appropriate charges. • Once the construction is deemed complete, initiate the project close out process and coordinate with the inspector and consultant. • Coordinate and attend a final walk through with the consultant, inspector, and contractor. • Verify final punch list is completed by the consultant. • If part of the consultant's scope, coordinate completion of Record Drawings and deliver to the City's record storage (the "vault") in electronic form and in hard copy mylar drawings. • Review consultant and contractor final invoices for reasonableness, accuracy and appropriate charges. • Assist in reconciling the budget if any negatives exist. • Recommend final project closure and complete the City's "green" sheet. • Purge the files of any unnecessary documents and archive the project. Documentation of the above and other project activities, decisions and milestones maintained in hard copy form and electronic form on the City's Buzz Saw site. ATTACHMENT "B" COMPENSATION AND SCHEDULE I. Compensation A. CONSULTANT shall be compensated for personnel time, non -labor expenses, and subcontract expenses as follows: 1. Personnel Time For services enumerated in Attachment A, CONSULTANT's compensation shall be based upon Direct Salaries multiplied by a factor of 3.1. Direct Salaries are the amount of wages or salaries paid CONSULTANT'S employees for work directly performed on the PROJECT, exclusive of all payroll -related taxes, payments, premiums, and benefits. Z. Non -Labor Expenses In support of delivering services enumerated in Attachment A, CONSULTANT shall be reimbursed for Direct Expenses at invoice or internal office cost. 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 the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. 3. Subcontract Expenses In support of delivering services enumerated in Attachment A, CONSULTANT shall be reimbursed for subcontract expenses plus a markup of ten percent (10%) of subcontracts. 4. Budgets CONSULTANT will make reasonable efforts to complete the work within the budget and wiI I keep CITY informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. CONSULTANT is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is CITY obligated to pay CONSULTANT beyond these limits. If the CONSULTANT 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 CONSULTANT 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, CONSULTANT'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. Method of Payment The CONSULTANT shall be paid monthly upon receipt of an invoice on the basis of statements prepared from the books and records of account of the CONSULTANT, based on the actual hours and costs expended by CONSULTANT in performing the work. Each invoice is to be verified as to its accuracy and compliance with the terms of this contract by an officer of the CONSULTANT. Payment according to statements will be subject to certification by the CITY that such work has been performed. C. Summary of Total Project Fees Description Total Fee Not to Exceed Initial Contract $2,222,634 First Contract Extension (if authorized) to be determined Second Contract Extension (if authorized) to be determined Total Dollars $2,222,634 Total Labor Cost $2,222,634 Total Reimbursable Direct Expenses $109451 Total Sub Consultant Markup 10% $76,663 Total Project Labor & Expense Fee $2,3099748 City's M/WBE Goal II. Schedule The total schedule is forty-eight (48) months. • Initial Contract schedule is twenty-four (24) months. • First Contract extension is twelve (12) months. • Second Contract extension is twelve (12) months. 15% ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT There are no changes or amendments to the Standard Agreement Attachment C —Storm Water Capital Project Management Services C-1 ®ty Of Fort Worth, Texas • •9 ''' i I I ipilmn I t oil• COUNCIL ACTION: Approved on 3/9/2010 DATE: Tuesday, March 09, 2010 REFERENCE NO.: C-24133 LOG NAME: 20STORMWATERPROJMGMT SUBJECT: Authorize a Professional Services Agreement in the Amount of $2,309,748.00 with CH2MHill for Storm Water and Streetscape Capital Project Management Services (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement in the amount of $2,309,748.00 with CH2MHil1 for Storm Water and streetscape Capital Project Management Services, with two options to renew for an additional 12—month period if agreeable to both parties. DISCUSSION: On September 22, 2009, (Ordinance No. 18838-09-2009) the City Council approved the issuance and sale of $45,000,000.00 in revenue bonds in Storm Water Revenue Bonds, Series 2009, to fund a two—year storm water capital project program. It is anticipated that 12 to 15 new storm water capital projects, with estimated value of $30 million to $34 million, will be initiated in Fiscal Year 2010 and Fiscal Year 2011. Another 12-15 new projects are expected to be initiated in both Fiscal Year 2012 and Fiscal Year 2013. Also, CH2MHi11 is currently managing 26 Storm Water projects, as part of the Integrated Program Management (IPM) contract, Phase 3, which was approved by City Council on October 27, 2009 (M&C C-23842). These projects have an estimated value of $80 million. When the IPM contract is complete, project management services will also be needed for these projects. In addition, the City's Planning and Development Department currently has six streetscape projects with surface drainage requirements which require continued project management services. Project management services have previously been provided on these projects by a subconsultant to CH2MHi11 and staff recommends continuing the project management services for these projects under this contract. The proposed fee for these services has been established at $300,000.00. Funding for the services related to the streetscape projects will be comprised of two sources: $150,000.00 — 2004 Bond Program: Urban Development Funds and $150,000.00 — 2007 Critical Capital Program. In the summer of 2009, $2,182.000.00 in Certificates of Obligation was issued to support the City's Integrated Program Management initiative. Based on a review of those funds, staff recommends that $150,000.00 of that debt issued is available to support this project managemnet contract, which is consistent with current efforts of the IPM program to augment project management and is also consistent with the Notice of Intent to Sell. A Request for Proposal (RFP) to provide storm water capital project management services was issued by the City in October of 2009. Three engineering design consultants submitted proposals and CH2MHi11 was determined to be the most qualified consultant. CH2MHi11 proposes to perform the project management services on an hourly basis with a multiplier, not to exceed $2,309,748.00 for a period of 24 months after Notice to Proceed. The contract documents also include a provision for the City to exercise an option to renew this contract for two additional 12—month periods, under the same terms, conditions and multiplier. The cost for the first renewal will not exceed $1,461,391.00 and for the second renewal will not exceed $1,484,391.00. City staff considers the fee to be fair and reasonable for the scope of services proposed. The renewal provisions will not apply to the streetscape projects and those services will be provided for the initial 24—month period only. CH2MHil1 is in compliance with the City's M/WBE Ordinance by committing to 38 percent M/WBE participation. The City's established goal for the project is 15 peraent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, on a project by project basis of the Storm Water Revenue Bonds, Series 2009 fund, the 2007 Critical Capital Fund and the 2004 New Development Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers P227 531200 VARIOUS C295 531200 VARIOUS C202 531200 VARIOUS Fernando Costa (6122) William Verkest (7801) Linda Young (2485) �2.009.748.00 $150.000.00 $150.000.00 ATTACHMENTS 1. FUNDS AVAILABLE.doc 2. SWM MWBE Comjlianc:.odf