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HomeMy WebLinkAboutContract 45321 (2)CWVany SECRET utaiirKr CITY OF FORT WORTH, TEXAS .. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES SI3 ! This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality "CITY"), p Y (the CITY ), and RJN Group, Inc, authorized to do business in Texas, an independent contractor ("Consultant"),p for a PROJECT generally described as: On -Call Wastewater Modeling. Article I Scope of Services (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 On -Call Wastewater Modeling. (2) Additional services, if any, will be requested in writing by the City. City shall notpay 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 II 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 $49,500.00 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 connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 1 of 8 &WCER(ED JAN 2 9M14 OFFhtj RECORD ©AV ^i7 ECRETAPY Ft WORm, T1 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two (2) years, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. 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 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 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) 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 2 of 8 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 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 wntten 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 BE $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 delivered to the Fort Worth Water Department, Attention: Nicolas Dons, 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 terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. 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 provide complete copies 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) 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 City of Fort Worth Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (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 IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such sub -consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub - consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the 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. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 5 of 8 Article X Minority and Women 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 XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 6 of 8 Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Nicolas Dons, Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: RJN Group, Inc. Attn: Chris Brooks, P E 6701 Brentwood Stair Rd., Suite 100W Fort Worth, TX 76112-3363 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 7 of 8 Article XVII 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. ctive this the R6-rreettzeies _Mt r LIR b Acrtrr.nt City Secretary APPROVED AS TO FORM AND LEGALITY B:h4ut ('7 . Douglas k1 C I-R is Assistant City Attorney M&C No.: M&C Date: City of Fort Worth, Texas Standard Agreement for Professional Services PMO Official Release Date: 11/29/2011 Page 8 of 8 , 2014. CITY OF FORT WORTH 71144~43 By: ‘1--- Fernando Costa Assistant City Manager APPROVAL, RECOMMENDED __74711 By:� S. Frank Crumb, P.E. Director, Fort Worth Water Department RJN Group, Inc. By: /gift Hugh,GM. Kelso Vice President CORD CITY sEciftemav ;Sri, o[A,Pii?" Attachment B — Fee Schedule A. Not to Exceed: The total fee for Basic Services in Exhibit "A" shall be computed on the basis of the Schedule of Charges but shall not exceed $49,500. If RJN Group Inc. sees the Scope of Services changing so that Additional Services are needed, RJN Group, Inc. will notify OWNER for OWNER's approval before proceeding. Additional services shall be computed based on the Schedule of Charges. B. Schedule of Charees: Position Min Max PRINICIPAL 225 260 GROUP MANAGER 185 200 ENGINEER VIII 150 185 ENGINEER VII 135 165 ENGINEER VI 125 135 ENGINEER V 115 125 ENGINEER IV 110 115 ENGINEER III 100 110 ENGINEER II 95 105 ENGINEER I 90 100 CADD DESIGNER 70 85 TECHNICIAN IV 65 80 TECHNICIAN III 55 75 TECHNICIAN II 50 60 TECHNICIAN I 45 50 GIS COORDINATOR 85 95 GIS ANALYST IV 75 85 GIS ANALYST III na na GIS ANALYST II na na GIS ANALYST I na na WORD PROCESSING/SECRETARIAL 70 85 OPERATIONS ANALYST 90 105 CONTRACT ADMINISTRATOR 80 95 INFORMATION SERVICES SUPERVISOR 95 105 INFORMATION SERVICES CLERK III na na INFORMATION SERVICES CLERK II na na INFORMATION SERVICES CLERK I na na CO-OP 42 55 The ranges and individual salaries will be adjusted annually. RATES FOR IN-HOUSE SERVICES Plotter Printing Bond $2.50 per plot Black and White Color Other $5.00 per plot $0.10 per single side copy $0.50 per single side copy Color $5.75 per plot $0.20 per double side copy $1.00 per double side copy Binding $5.75 per book OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis and tests. Other work required to be done by independent persons other than staff members are reimbursed at actual cost times a multiplier of 1.05. Exhibit B Attachment A Task Order to an Agreement by and between the City of Fort Worth, Texas (City) and RJN Group, Inc. (Consultant) to perform On -Call Professional Civil Engineering Services Water and Wastewater Modeling (Project) TASK ORDER NUMBER 2014-01 (Modeling) THIS TASK ORDER is made pursuant to the terms and conditions of the Professional Services Agreement (the "Agreement") entered into by and between the City of Fort Worth, Texas (City) and RJN Group, Inc. (Consultant). I. ARTICLE 1. Consultant will perform the on -call professional civil engineering services in accordance with the Agreement and the Scope of Services / Compensation Schedule / Budget Summary attached hereto as Exhibit "A" and incorporated herein by reference for all purposes. II. ARTICLE 2 Compensation for this Task Order shall be on a on -call basis, not to exceed Amount Specified and 00/100 Dollars (50.001, and shall be paid in accordance with Article 3 of the Agreement and the Scope of Services / Compensation Schedule / Budget Summary as set forth in Exhibit "A" of the Task Order. Consultant shall not exceed the amount specified in this Task Order without the issuance of a supplemental Task Order issued by City in writing to Consultant. III. ARTICLE 3. This Task Order shall become effective on the latest date as reflected by the signatures below and shall terminate on 31. January. 2016 unless extended by a supplemental Task Order issued by City in writing to Consultant. IV. ARTICLE 4. The City Project number and the Project Account Code are the following: City CIP Number: City Project Account Code: V. ARTICLE 5. Upon execution of this Task Order, the funds available under the Agreement are revised to the following: Current Project Budget (As Revised by Approved Task Orders): Approved Work by this Task Order: Revised Project Budget $49,500.00 $ 0.00 $49,500.00 VII. ARTICLE 7. The following exhibits are attached below and made a part of this Task Order: A. Exhibit "A," Scope of Services VIII. ARTICLE 8. This Task Order does not waive the parties' responsibilities and obligations provided under the Agreement. IN WITNESS WHEREOF, the parties have executed this Task Order and caused this Task Order to be effective on the latest day as reflected by the signatures below. CITY CONSULTANT The City of Fort Worth, Texas RJN Group, Inc. Y 1f ( ( By: k -3 �,_ By: 1 Name: Wendy CAi-Babulal, P.E. Name: Title: Water Planning & Development Engineering Manager Title: Date: Date: /di itst fre4 HugIi1M, Kelso Vice President Exhibit A — Scope of Services RJN Group Inc (ENGINEER) will provide the professional and technical staff necessary to evaluate the impact on the City of Fort Worth s wastewater collection system by modeling system capacity for specific areas identified by the City. The ENGINEER will evaluate the existing system capacity and identify any capacity improvements that may be needed due to additional flows in the specified area(s). A brief report with mapped results will be submitted to summarize RJN's findings and recommendation. It is understood that RJN's scope is to evaluate the collection system based on the existing master plan that was completed by Freese and Nichols. The fee will be based on the Time and Materials to complete the modeling and recommendations. I) General Requirements (a) Consultant shall update the H2OMap Water, InfoWorks CS and CapPlan models with Geographic Information Systems (GIS) updates on a regular basis, as requested in writing by the City. The shapefiles or database containing the updates will be provided by the City to the Consultant along with the plat information showing parcels, land use and water system connectivity. (b) Consultant shall coordinate and incorporate the following items into the modeling efforts: 1. Research existing and proposed plans for City utilities and facilities. 2. Geographic Information Systems (GIS) (parcels, land use and water coverages). 3. Utilize flow monitoring data and SCADA data, where available. 4. Evaluate existing water and wastewater systems and make recommendations on existing lines based on City design criteria, Texas Commission on Environmental Quality (TCEQ) requirements and distribution/collection system models as requested. 5. Prepare Consultants Opinion of Probable Construction Cost (OPCC) for alternatives. 6. Incorporate updates from the City s Geographic Information Systems (GIS) into the water and wastewater models and CapPlan 7. Provide recommendations to City regarding water and wastewater lines and facilities necessary for proposed development as requested. II) Project Administration and Management The ENGINEER shall coordinate the overall work of the project to include all field activities, information research engineering analysis, and report preparation. The ENGINEER shall provide progress reports that will show the percent completion of each task overall project percent completion, time expended, and budget expended. Meetings will be held with the City during the scoping of each project and at delivery of the project. If needed, status meeting will be held. III) Flow Monitoring (if needed) Flow monitoring will be performed if deemed necessary to capture the additional wastewater flow conditions in the collection system. ENGINEER will: (a) Identify flow monitoring location(s). (b) Perform field investigations to finalize location of flow meter(s). Should field investigations determine that location(s) require cleaning, notify CITY prior to installation of flow meter(s). CITY will clean sewer lines as required. (c) Install, service, and calibrate flow meter(s) at locations in the wastewater collection system for 60 days. Flow meters will be serviced on a regular basis and servicing of flow meters will be performed at different times of day to ensure a representative sample of flows and accuracy of data. (d) It is assumed that adequate dry and wet -weather conditions will be observed during the flow monitoring period such that a minimum of four storm events of different rainfall intensities are monitored which do not result in surcharge conditions. Meter(s) shall have a manufacturer s stated accuracy of +0.5% of depth measurement and ±2% of velocity measurement. Install and service rain gauge(s) with 0.01 inch accuracy in the study area to obtain a continuous record of rainfall conditions during the monitoring period. Analyze flow data and develop average daily dry weather flow diurnal curves and base flow peaking factors. Develop hydrographs for dry and wet weather flow conditions. Determine peak inflow rate for selected rainfall events and determine corresponding rainfall intensity Determine peak infiltration rates during high groundwater conditions, if possible. RJN will make two field visits to meters not owned by RJN but will be used in the model calibration to validate the meter accuracy. RJN will also perform necessary flow projections and analyses on these meters based on the corresponding planning horizons in the hydraulic model. Flow data will be provided to RJN by the City. IV) Model Update A) Population Projections Population data serves as the primary basis for determining future wastewater flows in the collection system ENGINEER will use the data in the Master Plan competed by Freese and Nichols. If the City request and provides any new data, the data will be allocated into the collection system model to provide accurate predictions of flow for each modeled segment. B) Land Use Analysis Land use information provided in the Master Plan will be used. This will be updated if request by the City of Fort Worth Staff. The information will be input into a GIS system for allocation of flows into the model. C) Geometry and Condition Update This scope considers that the collection system network and modeling information exists and is accurate within the existing model such as manhole numbers, manhole coordinates, manhole connectivity, pipe sizes, pipe materials, pipe attributes pipe slopes, invert elevations, and pipe lengths. Surveying of the collection system is not included in this scope. If issues are found while calibrating the model for this project, KIN will have discussion with the City about obtaining the information to correct the model. D) Model Calibration The base wastewater flows and wet -weather component will be prepared for use in the hydraulic model. The base wastewater component will also be modified based on population growth projections for the various planning horizons. Theoretical base wastewater flows (dry -weather flows) provided by the City of Fort Worth (developed during the Master Plan) will be used to allocate flows in the project. Average base flow hydrographs will be developed for residential and non-residential uses based on the dry -weather flow data provided by the City Base wastewater flow allocations will then be compared with selected dry -weather flow monitoring data. This will be compared with the Master Plan, as well. If flow monitoring is required, flow will be to use in calibration of the model. Existing wet -weather contribution flows existing in the current model will be used to calibrate the model for the selected project area. If flow monitoring is required, wet -weather flows will be developed based on a minimum of three (3) distinct and varied rainfall events obtained from the flow -monitoring activities if required. Rainfall total will be allocated across the modeled system and correlated with the flow monitoring data. The system's response to the rainfall will be identified and isolated from the base wastewater flow (dry weather flow). This information will be normalized to the City's selected design storm event and incorporated into wet -weather hydrographs for use in calibrating the model. E) Flow Allocation An accurate collection system model requires accurate allocation of flow across the system. RUN will review the information used in the Master Plan model to ensure accuracy for the proposed project areas. Information the will be reviewed include: the GIS information of land uses, manhole location and system geometry, 'service areas' to associate population (residential) and land area (non- residential) with service entry points within the modeled network. If issues are found with the existing data, RJN will discuss with the City of Fort Worth, options to proceed. This information will serve as the basis of design flows into the system. At the completion of the modeling for the project specific areas, the GIS files (if any changes were made) used to develop this information will be submitted to the City for inclusion as part of the model This will allow the City to modify land use information or population densities to determine potential impacts from modifications in service area contributions. V) Hydraulic Analysis A) Planning Horizons The ENGINEER will provide a predictive analysis of the project area collection system under dry -weather and wet -weather conditions for two planning horizons defined by the City of Fort Worth. System deficiencies will be identified under both dry and wet weather conditions for one planning horizon. The planning horizon will include a color -coded thematic map of the system deficiencies, a tabular listing of deficiencies, prioritized recommended improvements, and an estimate of probable construction costs for future budgeting purposes. B) Technical Memorandum The submittal will be prepared summarizing the modeling methodology, population projection development, flow development and allocation, dry and wet weather analysis parameters, and analysis results Unless hard copies are requested by the City, Consultant shall submit draft and final modeling results to City electronically, in Adobe portable document file (.pdf) format, unless an alternate electronic format is requested by the City. If hard copies are requested, City shall designate the number of copies in the task order. Each set of draft technical memorandums (TMs) shall be marked as "DRAFT." These shall be reviewed and checked by the City and returned to the Consultant for corrections. The Consultant shall address corrections, then seal sign and date the approved final TMs. All documents, provisions attachments and correspondence provided in accordance with this contract shall be dated. The updated model database will be provided to the City. VI) Project Schedule: The services described herein, shall be completed within 6 weeks unless other services such as flow monitoring or other field activities required to accurately simulate flows in the model. The timing of the flow monitoring effort (if required) will be dependent on weather conditions. The scope of services by the ENGINEER is intended to accomplish an update of the model with flow projections for development within the City of Forth Worth. Task may include: (1) perform flow monitoring to update existing sanitary sewer flow and provide a basis for more accurate hydraulic model calibration (2) update population projections, land use pattern, sanitary sewer geometry (3) identify short-term and long-range system improvements for incorporation into the Capital Improvement Plan, and (4) deliver the hydraulic model database for on -going use by the CITY.