Loading...
HomeMy WebLinkAboutContract 45279 (2)CITY SECRETARY CO NO STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTIES OF TARRANT PARKER, DENTON AND WISE CONTRACT FOR PROFESSIONAL CONSULTING SERVICES This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant, Parker, Denton and Wise Counties, Texas, hereinafter called "City," and Freese and Nichols, Inc., duly authorized to do business in Texas, hereinafter called "Consultant". 1. Scone of Services. Consultant shall assist the City in reviewing and updating the City's Water Conservation Plan pursuant the Texas Administrative Code Title 30, Chapter 288. Consultant's services shall include: a. Review and Update of the current Five (5) Year Water Conservation Plan: Consultant shall review programs and practices that were implemented since the creation of the City's previous Five (5) Year Water Conservation Plan. Consultant shall also update conservation goals and performance indicators, revise best management practices to include updating cost and water savings estimates, update department demographics provided in the original document and propose enhancements that promote water conservation. This task will also require a system water audit, as well as, coordination with regional providers and customer cities. b. Deliverables: 1. Consultant shall attend and participate in meetings with City staff as requested. 2. Consultant shall develop a Standard Operating Procedure (SOP) for preparing the Water Utility Profile appropriate and approved by the City. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 1 RECEIVED J4f 08 2014 3. Consultant shall develop a Five (5) Year Water Conservation Plan in compliance with all applicable rules and law. 4. Consultant shall provide ten (10) hardcopies and one (1) electronic copy of the final Water Conservation Plans subsequent to the City s approval. 5. Consultant shall submit hardcopies to the Texas Commission on Environmental Quality and the Texas Water Development Board upon direction of the City. 2. Schedule and Term. The Consultant is authorized to begin work upon execution of this Agreement as directed by the City. The City shall issue a task order for each deliverable listed in Section 1 and shall describe the due date for each task in its order. Consultant acknowledges and agrees to prepare drafts of the deliverables for the City's review at least thirty days (30) prior to final submission to the Texas Water Development Board and/or the Texas Commission on Environmental Quality. Additionally, Consultant shall prepare a draft for the City's Wholesale Customers to review by March 1, 2014. The deadline for final submission of the SOP is March 31' 2014 and the deadline for final submission of the Water Conservation Plan is May 1, 2014. 3. Compensation. a. The amount to be paid to Consultant for all services performed hereunder shall not exceed $87,512.00, hereinafter "Consultant's Fee." The Consultant's Fee shall include all expenses incurred by Consultant on an hourly as set out in the fee schedule as Exhibit A attached and incorporated herein, in the accomplishment of Section 1, Scope of Services, above, including any additional copies of Consultant's assessment(s) requested by the City. b. It is understood that this Contract contemplates the provision of full and complete consulting services for this project, including any and all necessary changes or contingencies to complete the work as outlined in Section 1, for the fee described in this Section 3 a. Any service FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 2 deemed necessary by the Consultant, but beyond the stated Scope of Services must be expressly authorized in writing by the City PRIOR to implementation of that service. c. Full and complete payment shall be due to the Consultant upon completion of services as described herein, to include but not be limited to the provision of the final copies of the Water Conservation Plan as approved by the City. If the Consultant utilizes the services of any other consultant, Consultant shall not be entitled to reimbursement for such consultation. 4. Data. The City has a right to and shall be the sole proprietor of any and all data compiled, analyses performed and presentations and reports drafted by the Consultant in the fulfillment of the terms of this Contract for Professional Services. 5. Termination. a. City may terminate this Contract at any time for any cause by notice in writing to Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all services and work and the placing of all orders or the entering into contracts for all supplies, assistance, facilities and materials in connection with the performance of this Contract and shall proceed to cancel promptly ail existing contracts insofar as they are chargeable to this Contract. If the City terminates this Contract under this Section 5 a , the City shall pay Contractor for services actually performed in accordance herewith prior to such termination, less such payments as have been previously made, in accordance with a final statement submitted by Consultant documenting the performance of such work. b In the event no funds or insufficient funds are appropriated and budgeted by City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Contract shall terminate on the last day of the fiscal period for which appropriations were received FIVE YEAR WA 1'ER CONSERVATION PLAN REVIEW 2014 CLR 3 without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated and budgeted. c. Upon termination of this Contract for any reason, Consultant shall provide the City with copies of all completed or partially completed documents prepared under this Contract. 6. Indemnification. Consultant shall release, defend, indemnify and hold harmless City and its officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including reasonable attorney's fees and expenses, in any way arising out of, related to, or resulting from the performance of the work or caused by the negligent act or omission of Consultant, its officers, agents, employees, or subcontractors. 7. Independent Contractor. Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant shall have exclusive control of, and the exclusive right to control, the details of the work performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its officers, agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. 8. Disclosure of Conflicts. Consultant warrants to the City that it has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 4 warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. 9. Right to Audit. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Consultant involving transactions relating to this Contract. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor involving transactions to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable advance notice of intended audits. 10. Prohibition of Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 5 11. Choice of Law; Venue. This Contract shall be construed in accordance with the internal law of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms of this Contract; venue for any action arising under the terms and conditions of this Agreement shall lie in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 12. Severabilitv of Provisions. If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 13. Sole Agreement This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. 14. Notices. All notices required or permitted under this Contract may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed received when deposited in the United States mail so addressed with postage prepaid: CITY: DEPARTMENT OF WATER, CITY OF FORT WORTH FRANK CRUMB, DIRECTOR 1000 THROCKMORTON STREET FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 6 EXECUTED on this, th CITY OF FORT WORTH Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Christa R. Lopez-Reynol: s Sr. Assistant City Attorney Attest: ary Kaye , 'i Secr 17 it-ttr ut FORT WORTH, TEXAS 76102 CONSULTANT: 15. Parties Bound. This Contract shall be binding upon the successors and assigns of both parties in like manner upon the original parties. day of� )*72t€4k/, 2014. FREESE AND NICHOLS, INC. By: th or, S C . C700 di It's: tn c e 9rs'Ien+ )dfln1XP Witnes s OFFICIAL RECORD CITY SECRETARY I77, WORTHS 4M FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 7 Exhibit A Compensation Schedule FIVE YEAR WATER CONSERVATION PLAN REVIEW 2014 CLR 8 EXHIBIT A COMPENSATION Not to Exceed Compensation to FNI for Services described in the Contract shall be computed on the basis of the Schedule of Charges but shall not exceed Eighty Seven Thousand Five Hundred Twelve Dollars ($87,512). If FNI sees the Scope of Services changing so that Additional Services are needed, FNI will notify City for City's approval before proceeding Additional Services shall be computed based on the Schedule of Charges. P chedule of Charges: Position P rofessional -1 P rofessional - 2 P rofessional - 3 P rofessional - 4 P rofessional - 5 P rofessional - 6 Construction Manager - 1 Construction Manager - 2 Construction Manager 3 Construction Manager - 4 CAD Technician/Designer - 1 CAD Technician/Designer - 2 CAD Technician/Designer - 3 Corporate Project Support - 1 Corporate Project Support - 2 Corporate Project Support - 3 Intern/ Coop Rates for In -House Services Technology Charge $8.50 per hour Travel Standard IRS Rates Min 69 94 119 129 169 167 81 94 130 163 58 92 106 39 63 72 33 Max 129 147 188 195 242 424 96 153 145 226 100 134 163 105 160 319 64 Bulk Printing and Reproduction Black and White Color P lot - Bond P lot - Color P lot - Other Binding $0.10 per copy $0.50 per copy $2.50 per plot $5.75 per plot $5.00 per plot $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.15. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually. 356-22013