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HomeMy WebLinkAboutContract 40726STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY em coNTRACT NO.._JW KNOWN ALL BY THESE PRESENTS: tth- THIS AGREEMENT, entered into the fiv day of 2010 by and between the City of Fort Worth, a home -rule municipal corporatio 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 Kimley-Horn and Associates, Inc. an independent contractor "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 Comanche Creek Detention Pond Analysis and Evaluation -Study SWS-044. 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 subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be corr.pensated 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 full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $35,500 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. OnItlea__I RECORD s C i-C l vw Fro �E-.1 ' l �,,� �\ %� I!'`kJ o Ut9OR �1 G-� (i ' • 03-20-1 0 A09:23 IN 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 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of eight (8) months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 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 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant s exercises control. Professional Services Consultant Agreement Rev 10.6.09 Page 2 of 8 ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage BY $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Section 2. Additional Insurance Requirements 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 Transportation and Public Works Department, Attention: Steven Eubanks, 1000 Throckmorton 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 teems 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. Professional Services Consultant Agreement Rev 10.6.09 Page 3 of 8 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. J' 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. 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. Professional Services Consultant Agreement Rev 10.6.09 Page 4 of 8 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. 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. 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. (c) 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. Professional services Consultant Agreement Rev 10.6.09 Page 5 of 8 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 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. ARTICLE 12 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: Steven Eubanks Transportation and Public Works Department 1000 Throckmorton Street Fort Worth, Texas 76102 Professional Services Consultant Agreement Rev I0.6.09 Page 6of8 Consultant: Kimley-Horn and Associates, Inc. Attn: Misty Christian, P.E., CFM 2201 W. Royal Lane, Suite 275 Irving, Texas 75063 ARTICLE 16 HEADING S 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 10.6.09 (Remainder of Page Intentionally Left Blank) �rP8cgjL f " cr- r; ETI :2) '.►RMI , MRY I f Page 7 of 8 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: KIMLEYOHORN AND ASSOCIATES, INC. Fernando Costa Assistant City Manager RECOMMENDED: G. Brad Tribble, ' .E. Senior Vice President ices William kest-1.E., Director Depart . t of rans ortation and Public Work p p APPROVED AS TO FORM AND LEGALITY: Assi stant`'City Attorney ATTEST: Marty Hendrix City Secretary t,r0 C-ct b‘t D Date 1 NO IVY TARED Professional Services Consultant Agreement Rev 10.6.09 a COO? titi 0 el Ptig %*°00 ekb 0 o cit fro' 0U ©oo0" 7 C, MAS UFFICIAL RECOD CITY SECRETARY !Ft WORTH Tx Page 8 of 8 ATTACHMENT "A" COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 Project Understanding It is the Consultant's understanding that the City desires to conceptually design and model two (2) alternatives for a future detention facility which would be located upstream of Comanche Creek in Fort Worth, Texas. The analysis will determine the hydrologic and hydraulic effects of the future detention facility on downstream facilities. The location and study limits for this project is the Comanche Creek watershed basin. The Scope of Services is described below. Scope of Services Task 1: Project Management The Consultant will perform the following subtasks during the Project Management task. 1.1 The Consultant shall attend the project kickoff meeting with a proposed schedule for task sequence and completion 12 The Consultant will prepare bi-weekly status reports, perform regular coordination with the Client, and prepare monthly invoicing reports. 1.3 The Consultant will perform multi -levels of quality assurance and quality control measures and review. 1.4 The Consultant will provide general project management related tasks necessary to perform the services outlined in the Scope of Services. Task 2: Data Collection The Consultant will perform the following subtasks during the Data Collection task. 2.1 The Consultant will gather record drawings of constructed projects within the study area including developments near Jacob's Mountain and Lowes The Consultant will also gather available plats for properties within the limits of study. 2 2 The Consultant will obtain two (2) foot contours and relevant GIS data including creek centerlines, roads city limit boundaries, watershed delineations, anu aerial photography from the City. ATTACHMENT "A" Page 1 of 3 2.3 The Consultant will conduct up to two (2) site visits during the data collection task. 2.4 The Consultant will not perform additional topographic surveys within the limits of study Surveying services will be considered Additional Services. The Consultant may rely on GIS, contour and LIDAR information provided by the Client to supplement conceptual designs and modeling. Task 3: Conceptual Detention Pond Design The Consultant will conceptually design and model up to two (2) detention pond alternatives. The conceptual design will consist of performing the following subtasks: 3.1 The Consultant will delineate drainage areas within the limits of study for up to two (2) alternatives. The alternatives may include the conceptual design of a detention pond serving two purposes: detaining flows to pre -developed conditions for the Pent property (located south of Charbonneau Road) and (2) detaining flows to pre -developed conditions for the Pent property, Lowes property, and Jacob's Mountain development (regional detention). 3 2 The Consultant will prepare a conceptual grading plan for the two (2) alternatives. The grading plan will also serve as a conceptual layout showing the general location and size of the detention ponds. These conceptual layouts and grading plans are not for construction purposes. Detailed designs of the detention ponds and preparation of construction plans will be considered Additional Services. 3.3 The Consultant will use the hydrologic and hydraulic models prepared by Kimley- Horn and Associates, Inc. for the Comanche Creek Drainage Improvements project as a basis to hydrologically and hydraulically model the two (2) alternatives. It is anticipated that the existing and proposed detention por'ds will be modeled using a unit hydrograph method such as SCS. The routing method will be either Muskingum-Cunge or Modified Puls. All conceptual designs will be in accordance with the City s adopted version of the Integrated Storm Water Management (iSWM) Drainage Criteria -March 2006. Developing new hydrologic and hydraulic models will be considered Additional Services. Task 4: Summary of Results The Consultant will perform the following subtasks as part of this task. 4.1 The Consultant will prepare for and attend up to two (2) meetings with the Client to discuss the results of the analysis and evaluation for the alternatives. 4.2 The Consultant will prepare up to two (2) conceptual layouts for each of the alternatives. The conceptual layouts will be 22"x34" and may be overlayed upon ATTACHMENT A Page 2 of 3 an aerial photograph. The layouts will be included in the deliverable described in Task 4.5. 4.3 Once the Consultant reviews the results of the analysis and evaluation with the Client, it is anticipated the Client will provide comments to the Consultant The Consultant will address up to two (2) rounds of comments regarding the conceptual layouts and modeling results for the two (2) alternatives. 4.4 The Consultant will prepare one (1) Opinion of Probable Construction Cost (OPCC) for each of the alternatives. The OPCC will provide the Client with an approximate quantity and cost for the detention pond fill and excavation. 4.5 The Consultant will document the results of the analysis and evaluation for each alternative. The Consultant will summarize the results in a memorandum format or through an addendum to the Comanche Creek Drainage Master Plan prepared by Kimley-Horn and Associates, Inc. in 2004. The documentation will summarize the project understanding, purpose, hydrologic and hydraulic methods and assumptions, results, and opinions of probable construction costs. The Consultant will provide up to four (4) copies of the memorandum or addendum to the Client. Project Schedule The Scope of Services will be completed within eight (8) months of the issuance of the Notice to Proceed. ATTACHMENT 'A" Page 3 of 3 ATTACHMENT "B" COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 COMPENSATION AND PAYMENT SCHEDULE The Consultant shall be compensated a total project fee of $35,500. Payment of the total lump sum fee shall be considered full compensation for the services described in Attachment "A" for all labor materials supplies and equipment necessary to complete the project. B. The Consultant shall be paid in accordance with Exhibit "B-1", Supplement to Attachment B. Each invoice from the Consultant shall be verified as to its accuracy and compliance with the terms of this contract by an officer of the Consultant. C. A summary of current hourly billing rates is provided in Exhibit "B-2". Any additional services will be billed on an hourly basis per the then current hourly billing rates. Additional services will not be performed withot t written authorization from the City. D. Professional Services Fee summary is provided in Exhibit "B-3". E Fees and times stated in Attachment "B" are valid if the Notice to Proceed letter from the City is received by the Consultant prior to August 31, 2010. ATTACHMENT "B" Page 1 of 1 EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT "B") COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 METHOD OF PAYMENT & PROGRESS REPORT REQUIREMENTS I. Method of Payment Partial payment shall be made to the Consultant monthly upon City's approval of an invoice from the Consultant outlining the current labor and expenses of the total project The aggregate of such monthly partial fee payments shall not exceed the following: U ntil satisfactory completion of the Kickoff Meeting as indicated in Attachment "A", Task 1 hereunder, a sum not to exceed 10 percent of the lump sum fee. U ntil satisfactory completion of Attachment "A", Task 2 hereunder, a sum not to exceed 30 percent of the lump sum fee. U ntil satisfactory completion of Attachment "A", Task 3 hereunder, a sum not to exceed 60 percent of the lump sum fee. U ntil satisfactory completion of Attachment "A", Task 4 hereunder, a sum not to exceed 95 percent of the lump sum fee The balance of fees, less previous payments, shall be payable after delivery of the FINAL report and electronic files. II. Progress Reports A. The Consultant shall submit to the designated representative of the Director of the Department of Transportation/Public Works monthly progress reports covering all phases of the analysis in the format required by the City. B. Periodic reports concerning MWBE participation shall be submitted as required by the MWBE Office. EXHIBIT B-1" Page 1 of 1 EXHIBIT "B-2" (SUPPLEMENT TO ATTACHMENT "B") COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 HOURLY RATE SCHEDULES A summary of current hourly billing rates is provided below: Senior Professional I Senior Professional II Professional Designer Technical Support Clerical EXHIBIT "B-2" Page 1 of 1 $180 — $220 $135 — $175 $ 75 — $120 $110 — $125 $ 60 — $105 $ 60—$ 80 EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT "B") COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 PROFESSIONAL SERVICES FEE SUMMARY TASK FEE Task 1: Project Management $5,000 Task 2: Data Collection $3,500 Task 3: Conceptual Detention Pond Design $19,000 $8,000 Task 4: Summary of Results $35,500 SERVICE TOTAL EXHIBIT "8-3" Page 1 of 1 EXHIBIT "B-3A" (SUPPLEMENT TO ATTACHMENT "B") COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 SUMMARY OF TOTAL PROJECT FEES Consulting Firm Prime Responsibility PRIME ENGINEER' Kimley-Horn and Associates, Inc. Engineering Services S UB ENGINEER' NA Amount Percent $35,500 100% $- Total for Professional Services $35,500 100% Project Description Scope of Services Total Fee MWBE Fee Percer,t Engineering Services $35,500 $0 0% S urveying Services (see below) $0 $0 0% S UB ENGINEER shall participate in performing portions of the following Tasks as outlined in Attachment "A" NA N on-MWBE Participation NA EXHIBIT B-3A" Page 1 of 1 ATTACHMENT "C" COMANCHE CREEK DETENTION POND ANALYSIS AND EVALUATION STUDY SWS-044 AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES None ATTACHMENT 'C" Page 1 of 1