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HomeMy WebLinkAboutContract 28526• �, �� STATE OF TEXAS COUNTY OF TARRANT 0 0 KNOW ALL BY THESE �O���E�"A�1P �_., 1. r __ � _-4._J'�'� CT tV� � THI,S AGREEMENT is made and entered by and between the Ciiy of Fort Worth, Texas, a municipal corparatian siivated in Tarrant Caunty, Texas, hereinafter called th� "City", acting herein �y and through its duly authorized Assistant City Manager, and ALTI Contractors, L.P., hereinafter called the "Consultant" for the purpose of praviding professionaI services for Citizens Convenience Centers. WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby covenaz�t and agree as follows: SECTTON T SERVICES OF THE CONSULTANT 1.1 The City hereby eontracts with Consultant as an independent contractc�r, and the Consultant hereby agrees �o perform, within the p:ra�essional standards normalIy accepted in the State of Texas, prafessional s�rvices it�z connec�ion with the followi.ng g�n�ral scoge af wark: Prepare Project Analyses for four sites for the locatian a�' Citizens Convenience Centers Cansultant has emplayed the e�gineering firm of Fre�se & Nichols to perform any portion of the scope of wark that requires performance by a licensed engzneer. SECTION II PERSONNEL 1. The foIlowing personnel will be assign�d to this Project: 1.1. City ofFort Worth 1.1.1. Proj ect Manag�r: Milte Mathews 1.2. Cansuliant 1.2.1. Principal in Charge: Chuck �ackson 2. Neither party may change key personnel withou� agreement by the other party, SECTION III CHARACTER �F CONSULTANT'S SERVICES 1. ��Perform services as outlinad �n Scape o� Services letter dated February 27, 2003, which is attached to hereto as Exhibit "A" and i.s made a part of this Agreement for all purposes. Consultant shall consult with the City to clarify and define City's requirements relative to the assignrn�nts and review available data. 2. The schednle for th� Project �s: 2.1. Camplet� Project Analyse� within 90 calendar days. 3. Consu�tant agrees to co7nmit the personnel �o ea�ch assignmeni contained in Exhibit A as necessaty in arder to complete the assigi�ment withirt the stated tim�. �� „ ,: ,. 2/13/01 �age 1 of 9 .. , � . 4. The Consuliant shall advise Ciiy as to the necessity of City"s providizig or obtainizzg from ot}�ers services and data required in connection �vith the Assignment at City's cost and expense (which services and data Cons�ltant is nat to provide hereunder but on which Consultant �nay re�y in performing services heretuzder), and act as Ci�y's representative in cozuiection wzt� any sucia services of others. 5. T'he Consultant shail be rezt�bursed for printing costs. SECTION N SPECIAI. SERVICES 4F CONSULTANT 1. �f authorized in writing by City, Cansultant shaJ.l furnish or obtain from o�b.ers Special Services necessary �o complete the assignrnents at a cast staied to the Facility Manager by lettar. SECT�ON V COMPEI�TSATION TO CON�ULTAl'�TT 1, The total carnpensation for a�l of the assignments ta be perfaxmec� by Consu�tant as described in CHARACTER AND EXTENT of CONSTJLTANT'S SERVICES hereof shall nat exceed $�3,2IO.OQ, including the cost of any reiznbursable. Haurly rate af services shall be as stated in E�hihit S attached hereta %r �11 putposes. Consultant agrees to complete the entire scapa of wo�k at the stated not-to-exceed axnount, regardless af the haurs required. SECTION VI METHDD OF PAYMENT 1. Thc; Consultant sha�l be paid not more freque�tly than o�.ce per month on th� basis af stateme�ts prepared from the books and records of account af the Consultant, such statements to be verified a� to accuracy and compliance with �lie ter�s of this Agreement by an officer of the Consultant. Payment according to statemenis will be subj ect to certi�ication by the Director of the Transportation and Public Woz�,s Department or his duly authorized representative that such work has been performed. 2. The above charges are on. the basis of prornpt payment of bills ren�ered and continuous progress of thc woz'k �n the Assignment until completion. 7f City fails ta make any ageed to payment due Consultant for services and o�t of-pocket expenses within sixty days after approval o� Cansnitant's s�atement thereaf, Consultant may, after giving seven days' written noiice to City, Sll5�1el1{� 5BTV1G�5 Lll1C�0T �1t5 AgC6017t�I7t until Consultant has been gaid in full alI amounts due for services actually performad and out-o%pocket exp�nses aetually incurred. SECTION VII PROCEDURES F�R PROVIDTNG SERVIGES 1. City sha1l notify the Cansultant when ii is apprapriate to proceed with the services. 2. The Consultant shall visit the sites and make hirnself familiar with the scape af the assignment 3. The Consultant sha11 provide up to two forma.� presentatio�s of ihe Project Analyses at vaz-ious stages of the inves�igation. 2/23/01 � t�J(��� � _ . L ��5 �. , � . Page2oF9 _ . ."' ,. . I I I �. All des�gns, drawings, specifications, docu�nents, and other work products of the CONSULTANT, whether itr. hard copy or in electroz�ic form, are instr�ments of service for this PROJECT, whether the PROJECT is cflmpfeted or not. Reuse, change, or alteration by the CIT4' or by oihers acting through or on behalf af the CITY of auy such instn�mEnts of service withoui the written �ernussion of the CONSULTANT will be at the City's sole risk. The CITY s�aall own the final print�d CI�51g115� drawings, specif caiions and documents. Trans�er af ownership of the contract c�ocuments does not cons�iLute sale af the c€ocumer�ts SECTION VIII CITY RESPONSIBILITIES 1.. Provide criteria and information as to City's requirements and designate a person with authority to act on City's behalf on aIl matters concerning the Assignmeni. 2. Assist Consultant in obtaining existing s�udies, reports and ofher available data and serviees of ofiliers pertineni to the Assigxament and in obtaining additional re�orts and c�ata as required. 3. Upon reasona.ble natice arrange for access to and make ail provisions for Consultant ta enter upon pulalic and private property as may be required �`or Consn�tant to perform services hereunder. 4. Designate in writing qualified persons who will act as City's repxesenta�ives with respect to the Assignment for the purposes of transz�,ittmg instnxctaons, receiving inforrnation, interpreting and def ning City's palicies and decisions with respect to Consultant's services. 5. Re�vieva a11 reports, rccomrnendations and ofilzer documents and provide w�itten decisions pertaining thereto within a reasonable time. 6. Upon reasonahle notiee pravide labor and safety equipment to expose sttuctural elernents, to make temporary repairs, arsd to operate mechanical and electricat systems as required by the Consultant in the serv�ices. 7. Provide such legal, accouniing, :uasurance and other counseliu�g services to City as may bE required for the Assignment. $. Bear all costs incident to compliance with this Sectipn, SECTION IX TE1t�ATT4N '. l.. The City may terminate fihis Agreement at any tizz�e for canvenience ar foz' any cause by {30) thirty-day notice in writing to the ConsuZtant. Upon receipt of such notice, the Consultant shall irnmediately discontinue all se�vices and work and the placing of all orders or the entering into Contracts for suppl�es, assistance, facilities and mafiez�als in connection wath th� performance of this Agreement and shall proceed ta cancel pramptly all existing contz'acts insofar as they are chargeable to this Agreement. 2. If the City termir�ates this Agr�ement under the faregoing paragraph, the City sha�l pay the Caz�sultant far services perfarnled in accardanc� herewith prior to such termination, less such payments havir�g been previous�y made. Such p�yu��ni Shal�. ne Page 3 of 9 '. 2/13/01 ,. based upon the work comp�eted up to the date of termination of �he Agreement iz� aceordance with the method of campensation �rescribed in Sectians V and VI h�rea� Consultaxzt shall also be compensated for all t�nnination-relatec� expenses such as meeting attendance, document reproduction, transfer of records, etc. 3_ [Tpon early termination or conclusion of this Agreement, the Cozzsultant shall provide the City reproducible copies of all completed or partially completed documents prepared under this Agreernent that shall became the property of the City and rnay be used by the City in any manner it desires. The Consultant shall not be liable fo� the use of such materials for any project other than the praject described in this Agreement. SECTI�N X INDEMIVITY AND INSURANCE 1. Approval by the City of contract docnments shall not co�asti#ute or be deemed to 1�e a release of the respansibility and liability of the Consultant, its off cers, agents, employees and Subconsultants, for th� accuracy and competency of the servzces performed under this Agreement, including but not limit�d to surveys, location of subsurface znvestigations, designs, working drawings and specifications and other documents. 2. Sucla appraval shall not be deamed ta be an assumption of such responsibility and Iiability by the City for any negligent act, error or amissian in the conduct or preparation of the subsurface investigatians, surveys, design�, working drawings and specifications and other documents hy the Consultant, its afficers, agents, employees and Subconsultants, it being the intent af the parties that approval by the City signifies the Ciiy's approval of only the ge�eral design concept of the improvemen#s to be constructed. 3. In #his connecfion the Consultant shall indemni�fy and hold the City and alI its officers, ag�;nts, servants and employees hartnless fram any loss, damage, fiability or expenses, on account of darnage to property and injuries, including death, to r`.l�l r3�SbIl5, including but not limited ta o�ficers, agents, or employees of #he Consultant or any subconsultant, and aIl other persons perfar�miug any part of the work an.d impravements, which rnay arise out of any negligent act, errar or omission in the perf'ormance of the Consuliant's professionaI services. In no event shall the Caz�sultanfi be Iiable for consequen.tial damages. 4. The Consultant shall de�enc� at i�s own expens� any suits or other proceedings brought against the City, its off cez's, agen�s, servants and employees, or any o� them on account thereof, and shall pay a.11 expenses and satisfy all �udgments which may be incuned by or rendered against them arising out or the indemnificatian; provided and except, however, that this indemnification provision shall not be consirued as requiring the Consultant to indemzufy or hold the City or any of its officers, agents, servants ar employees harmle�s £rom any Ioss, damages, liabili�y or expense, on acco�xnt of damage to property� or injuries to persan caused by defects or deficiencies in �esign criteria based upon information iurnished Consultant by City. 2113/01 .� ���� r�°�d � Pags 4 of 9 ,��011�7l� o�1jU� � ll ��.. nnnr �..; , ! 5. VVithout limiting th� abo�e indemnity, Co�sultant sha11 maintain a policy of comprebensive general liability i.z�surance caverage with cazxiers acceptable ta City in at Ieast the following amounts: Camrnercial Gen�ral Liability Employers Liabzlity Insurance Bodily Injury $500,040 Policy Limit $500,000 Bodily Injury by Disease, each employee Workers Compensation Coverage A: Statutory Iixnits Coverage B: Employer's Liability $100,000 each accident $500,OQ0 disease - policy Iirnit $104,004 disease - each �mployee Business Automobile Combination Single [imits Pe�rsona� Injury Uninsured $1,OOQ,004 per 4ccnrrence $540,040 Eaeh Accident $5�0,000 each accident $2,SOQ each p�rson $54D,000 each accident Prafessional Liability Insurance (Errors and Omissions) $I,OOQ,OOD per claim $2,QOO,OQO Projec� agg�regate 6. Consuitant shall furnish City a Certif cate of Insuranc� in at Ieast �he above amounts. Certificaie shall con#ain a provision that such insuranc�; cannot be canceled withont 30 days priox wriiten natice to City. The.City reserves iha righ� ta revise insura.z�ce requirements specified in this agreement to the best interests Qf fi11e City. 7. General Insurance Requirements 7.1. Cortunercial General Liabi�ity coverage shall be endorsed to name the City an Additiona� Insured thexeon, as iis interests rnay appear. The term City s�rall include its employees, officers, officials, ag;ents, and vohmteers as respects the contracted 5�TV1C�5. 7.2. Certificate(s) of ins�irance shall doeument that in�urance coverage's specified are provided under applicable policies d�cume�ted tk�ereon. 7.3. Any failure on part of the City ta request requi.�red i.nstarance documentatian shall not constitute a waiver of the insurance requirements. � - Page S of 9 � , 2/13101 . , 7.4, A z�inimum of'thirty days notice of cancellation, non-renewal oz m�.terial change in co�erage shali be provided to tl�e City. A ten days notice sllall l�e a.�ceptable in the ev�nt ofnon�payment of premium. Such terms shall be endarsed onto Consultant's insurance palicies. Notice shail be sent to the Facilities Tvlanag�r, Transportationr and Public Works Department, 1�00 Throckmorton, Fort Worth, TX 76102. 7.5. The City shall not be responsible far t�� direc� payment of any insuranee premiums requzz'ed by this �.greement. I� is understood f.hat insurance cost is an allowable component of th� Consultants general overhead. 7.6. The City reserves the right ta revise insurance re�uirements specified in this agreement according to the best interests of the City. 7.7. Tn�urcrs for all galicies must be autl�orized to do business in the state af Texas ar be otherwise apprcaved by the City; and, such insurers shall be acceptal�le tv the City in terms af their finaancial strength and solvency. 7.$. Dednctib�e ixmits, or self-insured retentions, a,ffecting insurance required herein may be acceptable to the Ci�i at its sole discretion; and, in lieu of traditiona.l insurance, any al#erna�ive coverage maintained through insurance pools or risk rete:ntian groups must be also approved. Dedicated finar�cial resourees or Ietters of credit may also be acceptable ta the City. 7.9. The City shall he entitled, upon its request and wifillout inclu�7Tlg expense, to r�view the Cransultau�'s insurance pa�cies including endorsements thereto and, at �he . �ity's discretion; the Consultant m.ay be requir�d to provide proof of insurance ; premi�un payments. I 7.10. The C:ity shall not be respansible for the direct payment of any ins�rat�c� �, premiums required by this agreement. It is understoad that insurance cost is an � allowable componen.� of Cansultant's indirect overhead � 7.11. A11 insuxanee, exce�t for th� Pro�essiox�al Liabili�y insurance policy, shall be written an an accurrence basis. 7.�2. The Pxafessional Liability Pnlicy shall be written on a"clairns made" at�.d shall be in effect for the duration of this agreement and far 12 months fouo�in.g completion oi se:rvices under t}v.s Agreement. The Consultant's curr�nt �insurer shall _list the City as a certificate holder for a period of ten years following the �ssuance of the Certxficate of Substantial Completion hy ihe Consultant. The Ciiy shall l�e notified at least 30 days griar to cancellation or substantial change in coverage. 7.13. Subcoz�sultants to the Consultanfi shall be requared by the Consultant to maintain the same or reasonably equivalent insurance coverage, except for Professional Liability Insurance, as required far tYre Gonsultant. Consultant sha.11 provide City with documentation thereaf or� certi�cates of insurance. The Consultant shall assure that Subcoz�sultants �rovide accepta�le and appropriate levels af Pro�'essional Liability coverage or tha# the Consu�tant's cvverage pravides coverage for the work of the Subconsu�tant. Notwiihstanding anything to the ,u � ' . Page 6 of 9 a� . 2/13/Q1 ,. , � _ I contrary conta.ined herein, in the event a subconsultant's insurance coverage is canceled or termana.ted., snch cancell�tian or termination shall not constitute a breach by Consultant af the Agreement. ARTICLE XI INDEMNITY PERTAIlVIl�G TO HAZARDQUS MATERrALS 1. City acknowledges CQnsultant will perform part of the wark at City's fa�ilzties that may contain hazardous materials, incluc�ing asbestas containing materials, ar condif�ons, and that Consultant had no prior role in the generation, treatrnen�, s#orage, or dXsposition o� such materials. Tn consideration of the associated risks that may give rise ta claims by third partiEs or emp�oyees of City, City agrees i� so far as pern�itted by Iaw, to indemnify Consultant from any and aIl losses, damages, clairns, or actions brought by tnird party or employees of City agains� Consultant or Consultant's employees, agents, officers, or directors, in any way arising out of the presence of hazazdous mat�rials or aonditions at City's facilities, except for claims shawn by final judgment to arise out o� the sole negligEnce o� Consultant. The City shall de�end at its own e�pense any suits a� other proceedings brough# agains# the Consultant and its afficer�, agen#s, �ervants, and empioyees ar any of them on account thereof Nothing herein shall be construed so as to require the City to levy ar assess any ta�. 2. rn cannection with hazaxdous waste, including petroleum products, City ag:re�s to the rnaxirnum extent perinitted by law to defend, hold harmless an� i�dernnify Consultanf from and against any and all claims and liabi�i#ies resulting from City's vio�ation of any federal, state or local statute, regulation nr ordinance relating to �he disposal o£ hazardous substances ar canstituents. Nothing k�erein sha11 be construad so as to requixe �he City #o Ievy or assess any tax. 3. The requ�rements cantained in this Seciion shall not apply if the Consultan.t introduces the l�azardous materials ar conditions. SECTION XII RIGHT TO AUDI'I' 1. Consulta�� agrees that t1�e City sha11, un�til the expiration of #hree (3) years after final payment under this Agreement, have access �a arid the right to examine any direc#ly pertinent books, documents, papers and recart�s af the Consu%tant involving tran�acti�ns relating to this Agreement. Consultan,t �grees that the City sha11 have access during normal working hours to all necessary Consultant facilifies and shall be provided adequate and appropriate workspace in order to conduct audits in compliance vt�zth the provisions of this section. Th� City shall gi�e Consultant (30) thirty days advan.ce notice of intended audits. 2. Cansultant filrther agrees to include in aII its subcontxacts he�reunder a provisian to t�e effect tha� the subconsultant agrees that the City shall, untzl the expiration of three (3} years after f�nal payment tusder the subcontract, have acces� to and the right to exa�nine any directly pertinent books, documents, papers and records of such 2/13/01 Page 7 of 9 ,: . ,�. � � `;; ,: subconsnitant, involving transac�tians �o the subcontract, and further, that Ciiy shall have access duzing normal working hours ta all subconsult�nt facilities, and shali be �rovided adequate and appropriat� work space, in order to conduct �udits in caxnpliance with the provisions of this article. City shall give subconsultant (30} thirty days advance notice of intended audits. 3. Consultant and S�bc4nsultazzts agree to photocapy such project-related docnmenis as may be :requested by the City. The City agrees to reimburse Consultant and Subconsz�ltant for the costs of copies at the rat� published in the T�xas Administrati�e Gode. SECTION �II SUCCESSORS AND ASSIGNS 1. The City and the Consnitant each bind themselves, iheir successors and assigns, to the other pa.rty to this Agr�ernent and �ti the succcssors and assigns of each other party in respect to all covenauts of this Agreement. I SECTION X[V ASSIGNMENT � 1. Neither party hereto shall assign, sublet or firansfer iis interest herein withaut prior � written cansent of th� other party, and any att�mpted assigunent, sublease or tra�sfer of al� or any part hereof without such prior writien consent shall be void. � SECTION XV �.I'�DEPENDENT CONSULTAI�T 1. Cflnsultant shall perform all work and ssrvices hereunder as an ind�pendesit Consultant, and nQt as an aificez', agent, servant ar employee of the City. Cansultant shaIl ha�e exc�usive cantral of, and the exclusive right to control the details o�` the work perfartned heraun.der, and all persons performing sarne, and shalF be solely respansible for the acts and QI71l551QTiS af its afficers, agents, ernployees and Subconsultar�ts. Nathing herein sha11 �e construed as creating a par�ann.e�ship or joint vent-ure b�tween the City ata.c� ihe Consultant, its officers, agents, emplayees and Subconsultants, and dacirine o£respandent superior has no application as between the City and the Gonsultant. SECTIDN �VI. OBSERVE A1�1D COMPLY 1. If penrnitting authorities require design changes so as to comply wit� publishe� design criteria and/or current pxactice standards, which �the Consultani should b�ave been awate of at the time this Agreement was execut�d, the Consultant shall zevise plans and specifications, as required, at its own cast a�d �xpense. Howve�er, if design changes are r�guired d�e to the changes in the permitting autharities' published design criteria and/or practice s�andards crit�ria whi.ch are published after the date af this Agreement w�iich th� Const�ltant could not have been reason�bly aware of, the Consuitant shall notify the Ci�ty of such changes and an adjustment in compensation will be made through an amendment to this Agreement. �ua� �r Page 8 af 9 21I3/01 SECTION XII. VENUE 1. Venue of any suit or cause of action under this Agreezzient shall lia in Tarrani County, Texas. IN TESTIMONY THEREOF, the City of Fort Worth has caus�d thzs instrument to be sign�d in t�riplicate in its name and on its behal�', by its City Manager and attested by its City Secretary, with the Corporate Seal affixed; and the Consultan,t l�as also pra�erly e�ecnted this instrum�nt izx triplicate copies, each o�'which is deemed an original. EXECUTED IN THE CITY OF FORT WORTH, TEXAS, THIS day of April, 2003. AUI Contractors, L. P. '-I Byy , _. �r� ' _ . � ,I ' -PTenn Stro#her, Presid�nt` - " AUI Managemen#, LLC General Partner Approval Recammended: 1 � By: Dxr�c or, Transportatioz� and Public Works Approved as to Farm And Legality: �� By: Assistant C�ity Attorney City of Fort W By: arc tt Assistan# City Manager Attested: B ^-�� - ' -T, - Y� �=." 7�City Secretary �� j"! � � �' a�• - . -�.,s.,....M..�.b.....�„ —��,- Contract ��;;f����za'tion Date Date: .�-�.,� � Y+V VI�iYy YIJ Y1k�I�hVYpV �r ��' �����Q� � �� �o���7i I�e �r�� 2113/01 Page 9 af 9 Superioe Serviees wrth arr E.rceplionad Team ���ir�� 1. �"R���1141���1�1 E�����i'l�l� �Ls�r� �� a��E*�La�� CIT[Z�IV COIV��I�I�iV�� CENY��S �� ..�� , , AU1 Cor�tractnrs and Freese & Nichols a�e pleased ta submit #he following package including scope of wark for preliminary design services, budget development, and site analysis for your review relatir�g to �he City of Fort Worth's planned Citizen Convenience Centers. Scaqe af Work: 1. 2. 3. 4. �. fi. Permanently position and orient the facility at the Yuma locaiion, as zoned and platted. Provide assistar�ce to the City during the site analysis and seiection process of the ather three sites, incl�ading up to thr�e site visits and two mee�ings at the City's offices. Develop the canceptual layout plan #or the convenience centers fhat can be adapted to all four site Iocatians with only mir�or modificafion�. The layout will include afl planned site features including gatehouse, dumpster areas, swap shop, retaining walls, and traffic flor�r patterns�. Develop a preliminary architecturak pian for the swap shop and gatehouse inclu€ding basic elevation views. Meet wiih the City up to thr�e times to discuss and finalize design features for the con�enience centers for their incorporatior� inio the layout plans. De�elop a revised budget thaf reflects the concept p{an developed in this phase. We prop.ose to complete the above scope of vuork for a fee of $ 23.210.40. We are excited about being involved with these projects. lf there are any questians or concerns regard�ng this package, feel free to cantact Chuck Jackson (817.269.6386) at your conveni�t�ce. RespectfiuEly, AUI Contraciors, L,�.: = AU[ Management, LLC General Partner :� �� � � � i � � B. Doug Alumbaugh, Execut9�e Vice President � �'a r � � � �-. o2iz7ros Date � � Exhibit B Name, � Position Salary Cost � Multipfier Total c�ty of �ort wo�th Citizen Convenience Centers �hase 1 Design Development: Hourly RaEe Schedule AUI Persor�nel . Chuck Jackson Project Manager Roel Aguilar Senior Estimafor Stacy Linderbaum Bf] Ma�ager Crisfi Tharne Project Administrator Julio Arciga Take-O�f Speciafist 2 Person Surr�ey Crew Survey Crew FNI Personnel Jeff Arrington Jahn New � Mark Crisw�l] �5catt Vaughan � Charles Thomson �Wade Zemlock �Jennifer Brown � Blake Haley �Brian Gandy Jana Collier Project Engineer Design Project Manager Project Architect Plumbing Designer Mechancal Er�g9neer Elecfrical Engin��r Givil Engineer Structural �ngineer Asst Design PM Qperations Analyst Allow�hees Surveyor �quipment Printinq Costs $38.13 2.3Q $87.69 $34.07 2.30 $78.36 $2$.31 2.30 $60,51 $2Q.76 2.30 $47.7fi $17.64 2.30 $40.5i $69.30 2.30 $1 a9.39 $65.Q5 2.30 $149.62 $51.55 2.30 $918.57 $33.0$ 2.30 $76.d8 $�45.25 2.30 $104.08 $48:01 �.30 $'� 10.42 $42.05 2.3� $98.72 $41,55 2.30 , $95.57 $68.50 2.3fl $135.47 $32.3$ 2.3D $74.47 $47.49 2.30 $109.23 1 $30�A0 $3QQ.00 � �zoo.00 ��oa.00 �