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HomeMy WebLinkAboutContract 44393(fe�.p:l�r3f;i+l:._ ::�al e�,'nY('IilcsEl j�l; __,=-�.;i�.�.=. `i�_", ir�1.RfS=ii:<I7l��IFIS. -fc�n+��;� vdww.freese.com April 12, 2013 Cannon Henry, P.E., C.F.M. City of Fort Worth T/PW Sfiormwater Management Division 1000 Throckmorton Street � Fort Worth, Texas 76102 Re: Proposal for On-Call Professional Engineering Services Dear Cannon: CITY SECR�'i'ARl( ,, I � � CON7'RACT NO..�, "I We are grateful for this opportunity to be of service to the City of Fort Worth. At your request, we are submitting this letter as our proposal to provide On-Call Professional Engineering Services. It is our understanding that the scope of services described in our previous proposal, dated April 8, 2013, for professional engineering services in support of the City's review of the design of the long-term repairs to the box culvert below the parking lot of the Lowe's 4305 Bryant Irvin Rd will be performed as an on-call task order. Due to the nature of on-call contracts, we cannot know the precise nature of the proposed services. However, the attached City of Fort Worth standard agreement has a non-project specific description of service to be provided and rates for typical structural engineering support staff. Direct expenses will be invoiced as the actual cost multiplied by 1.15. We understand that the total amount of services to be provided based on this proposal should not exceed $40,000. I hope this proposal is acceptable to you. If you have any questions or comments, please do not hesitate to contact me at (817) 735-7416 or bbw@freese.com. Sincerely, / � �'��'� -- Brad Watson, P.E. Structural Engineering Manager cc: Kelly Dillard, John Dewar Attachments \\freese.com\fniinc2\Resources\Controct Blue Sheets\F\Fort Worth\On Call Svs Structural\Proposal letter.docx C�FFICIAL RECCdR[D c�liY SECFt6ET'ARX �T'e d!l��1'�9 '�'I� ,� ���� � � �d� a�ni3��a , 4055 International Plaza, Suite 200 • Fort Worth, Texas 76109 • 817-735-7300 • fax 817-735-7491 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Freese and Nichols, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Structural On- Call Professional Engineering Services. 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 Structural On-Call for Professional Engineering Services. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article 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 $40,000 unless the City and the Consultant rnutually 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: 1/28/2013 Page 1 of 8 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two 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: 1/28/2013 Page 2 of 8 Articie 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 written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the T/PW Stormwater Management Division, Attention: Cannon Henry, P.E., C.F.M., 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 O�cial Release Date: 1/28/2013 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. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall 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: 1/28/2013 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 O�cial Release Date: 1/28/2013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO O�cial Release Date: 1/28/2013 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. 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: T/PW Stormwater Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Brad Watson, P.E. 4055 International Plaza, Ste. 200 Fort Worth, TX 76109 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 PMOOfficial Release Date: 1/28f2013 Page 7 of 8 Ar-Eicle 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. Executed and effective this the ,��/'�iay ofG��1G� 20l�- BY: CITY OF FORT WORTH BY: ENGINEER Freese and Nichols, Inc. �•� Fernando Costa Assistant City Manager Date: I3 AP�.'ROVAL RECOMMENDED: C�St� : Douglas�N. Wiersig, P.E. Director, Transportation a Public Works APPROVED AS TO FORM AND LEGALITY By: �l� '�-u G� �l,t � �G �-� . �f3C�' �� �'cti � �'l. /Crr �z Assistant City Attorney L�J Chris Bosca, P.E. Principal Date: '�/— /S— M&C No.: M&C Date: City of Fort Worth, Texas Standard Agreement for Professional Servlces PMO Ofi'iclal Release Date: 1/28/2013 Page 8 of 8 ;-- _ _ _ _ _ _ OFFICIAL fREC�RD CIiY SECRE'TARII �'. �IVOR4H, TX ATTACHMENT "A" Scope for Enqineerinq for On-Call Professional Enqineerinq Services Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Obtain the professional engineering services on an on-call basis for miscellaneous engineering tasks in support of ongoing City projects. WORK TO BE PERFORMED TASK 1. On-Call Professional Engineering Services Engineer will provide Professional Engineering Services on an on-call basis. The scope is not specific to any project and will be defined by the City at the time of need. The nature of the work is anticipated to be primarily structural engineering services; however, the scope is not limited to just structural engineering services. City of Fort Worth, Texas Attachment A PMO Release Date: 07/2312012 Page 1 of 22 ATTACHMENT B COMPENSATION Design Services for Structural On-Call Professional Services City Project No. Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate �abor Category Rate for the ENGINEER's team member perForming the work. Labor Cateqory Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Structural en ineerin and su ort: Labor Category 2013 Rate 2014 Rate ($/hour) ($/hour) Senior Structural En ineer 220 227 Structural En ineer 4 175 180 Structural En ineer 3 152 157 Structural EIT 123 127 Senior CAD Technician 110 113 CADD Technician 95 98 Geotechnical En ineer 200 206 Other as needed: Principal-in-Charge $200 — $405 Project Manager $110 — $270 Senior Professional Engineer $150 — $270 Junior Professional Engineer $110 — $190 Engineer-in-Training $85 — $150 Registered Landscape Architect $110 — $165 Landscape Architect Intern $85 — $135 Sr. GIS $85 — $135 Jr. GIS $50 — $110 Engineering Intern $30 — $90 CADD Technician $35 — $120 Admin/Clerical $55 — $150 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. City of Fort Worth, Texas Attachment B PMO Ofticial Release Date: 8.09.2012 Page 1 of 4 : ATTACHMENT B COMPENSATION Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 2 of 4 : ATTACHMENT B COMPENSATION III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules when requested and in the format required by the City. IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Freese and Nichols Currently undefined. $40,000 (max) 100 Proposed MBE/SBE Sub-Consultants None identified. $0 0% Non-MBE/SBE Consultants None identified. $0 0% TOTAL $40,000 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE % $40,000 max $0 0% City MBE/SBE Goal =_% Consultant Committed Goal =_% City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 8.09.2012 Page 3 of 4 : EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Payment shall be computed on the basis of the hourly rates provided and documentation of the effort worked but shall not exceed $40,000.00 without prior approval by the City. Each task order shall be performed only when approved by the City. City of Fort Worth, Texas Attachment B PMO OTficial Release Date: 8.09.2012 Page 4 of 4 � d Consulting Contract Schedule Specifications City of Fort Worth Capital Improvement Program O RT WO RT Attachment D - Project Schedule D1. CONSULTING SERVICES SCHEDULE DEVELOPMENT: If requested by CITY, the CONSULTANT shall prepare schedules for consulting services that meet the requirements described in this specification, showulg by Critical Path Method (CPM) the plaruled sequence and timing of the Work associated with the Agreeinent. All subinittals shall be subinitted in PDF forinat, and schedule files shall also be submitted in native file format (i.e. file formats associated with the scheduling software). The approved scheduling software systems for creating the schedule files are: — Primavera (Version 6.1 or later or approved Uy CITY) — Primavera Contractor (Version 6.1 or later or approved by CITY) — Microsoft Project (Version 2003/2007 or later or approved by CITY) City of Fort Worth, Texas Attachment D PMO Release Date: 02.15.2011 Page 1 of 1