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Home My WebLink AboutContract 46224:::0 fTl n fTl < fTl c:, c:, CITYSECREt CITY OF FORT WORTH, TEX~CT NO. 4lflZY STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth , a Texas home-rule municipality (the "CITY"), and Halff Associates , Inc., authorized to do business in Texas , an independent contractor ("Consultant"), for a PROJECT generally described as: Open Channel Studies Technical Review. 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 Open Channel Studies Technical Review . (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 Eighteen Thousand Two Hundred Dollars ($18 ,200.00) 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. rn " 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 J> connection with the services for which payment is made , including any act or omission of ;s:: the City in connection with such services. City of Fort W orth , Texa s Stan da rd Agre eme nt fo r Professional Services Revisio n Date : 9/2412 0 14 Page 1 of 8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Halff Associates , Inc ., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Open Channel Studies Technical Review . 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 w ith Open Channel Studies Technical Review. (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 add itional work resulting from oral orders of any person . Article II Compensation Consultant shall be compensated in accordance w ith 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 Eighteen Thousands Two Hundred Dollars ($18,200 .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 Revision Date : 9/24/2014 Page 1 of 8 Article Ill Term Unless terminated pursuant to the terms herein , this Agreement shall be for a term of one year, 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 Consu ltant 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 W orth , Texas Sta ndard Agreement for Professiona l Serv ices Rev isio n Da te: 9/24/20 14 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 lim its 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 Transportation and Public Works Storm Water Division, Attention : Steve Eubanks , PE , CFM , 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 Standa rd Agreement fo r Professio nal Services Revisio n Date : 9/24/2014 Page 3 of 8 e . Insurers must be authorized to do business in the State of Texas and have a current AM . 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 . 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 City of Fort Worth , Texas Standard Agreement for Professiona l Services Revision Date : 9/24 /2014 Page 4 of 8 Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (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 . Ci ty of Fort Worth , Texas St and ard Ag reement fo r Professional SeN ices Re visi on Date : 9/24 /2014 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 ru le of construction to the effect that any City of Fo rt Worth , T exas Sta nda rd A greement for Professiona l Services Revisio n Date : 9/24 /2014 Page 6 of 8 ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto . Article 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 Consultant: Attn: Steve Eubanks , PE, CFM Storm Water Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 Halff Associates , Inc . Attn: Terry M. Barr, PE , CFM 4000 Fossil Creek Blvd Fort Worth , Texas 76137 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 Sta nda rd A gree ment for Professional Services Revisio n Date : 9/24 /20 14 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 orig inal , but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the BY: ,o~ day of {)~ , 20 l~ BY : CITY OF FORT WORTH Fernando Costa Assistant City Manager Date: 1zM+ APPROVAL RECOMMENDED: By ~} u,°Fv. W . LJ ~ Douglas~iersig , Ph.D., Director, Transportation/Public Works ENGINEER Halff Associates , Inc. Andrew Ickert, P.E., CFM Vice President Date: /f ;?r/?l}/t APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By ~ ougasW.Black Assistant City Attorney \f<\.. Mary J . Kayser J\) · City Secretary City of Fort W orth, Texas Standa rd A gree ment for Profession al Services Revisio n Date : 9/24/2 0 14 Page 8 of 8 M&C Date : OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Preface ATTACHMENT A SCOPE OF WORK OPEN CHANNEL STUDIES TECHNICAL REVIEW The City is currently conducting open channel and neighborhood drainage studies to review the current drainage conditions in multiple watersheds to identify and evaluate potential improvements in various watersheds throughout the City . Halff Associates ' task will be to provide continuing assistance to the City in the program for studies in the latter stages . I. Review and Comments for 100% Reports and Data a . Halff will perform a review of final (100%) reports to ensure that report format is being followed appropriately and that all required data , including HEC-HMS and HEC-RAS models and GIS information , has been provided . No add itional detailed technical reviews of the report will be prepared , unless requested by City staff. There are nine (9) anticipated studies included in this task : • SWS-010 • SWS-011 • SWS-016 • SWS-019 • SWS-026 • SWS-027 • SWS-032 • SWS-036 • SWS-036 Como Creek Warner Channel Dunbar Creek Eastland Creek Prairie Dog Creek Cottonwood Creek Lake Country Edgecliff Branch Stream SC-7 II. Review Meetings for 90% and 100% Reports a . Halff will conduct review meetings for the studies that meet the following conditions : 1. Studies that have submitted a 90% report and have received comments but have not yet participated in a review meeting. Four (4) studies are included : • SWS-014 • SWS-033 • SWS-034 • SWS-041 Leslie Creek Stream MSC-2 South Mary 's Creek Plantation Creeks 1 ATTACHMENT A SCOPE OF WORK OPEN CHANNEL STUDIES TECHNICAL REVIEW 2 . Studies that have submitted a 100% (Final) report. It is not anticipated that each 100% report will require a review meeting ; however, Halff will conduct up to three (3) meetings to discuss the final report and address any questions or concerns regarding the submittals . These meetings will be at the discretion of the City . Ill. Completion of the Henderson Watershed Report Halff Associates will complete the Henderson Watershed Report initially scoped in Fort Worth Contract No . 33121 (FW Project No. 00078). The tasks listed below are for work completed that was outside of the original defined scope. These items include : a. Development of a deta i led 20 surface using lnfoWorks SD for the entire Henderson watershed and associated hydrology updates . The Henderson model ing was previously addressed in the Phase 4 Amendment to the original contract (approved 08/26/2008) in Attachment A , Section B .a.3 "Utilize lnfoWorks 20 to review overland flow assumptions ". At the City's request , the 20 surface was improved to include a significantly more detailed terrain representation , resulting in a more accurate overland calculation . b. Provide model information and mapping for Vickery/Lipscomb area to the City and consultants as requested . Halff generated three (3) overall and three (3) site-specific exhibits (10-, 25 -, 100-yr) relating to some potential improvements in the area. c. Provide drainage area and flood inundation exh ibits of the area between Travis Ave . and Terrell Ave. This information included an analysis of the drainage near a project site that Mr. Boydston was working on . Halff provided GIS exhibits as well as tabular results information and 20 graphics . 2 ATTACHMENT 8 COMPENSATION OPEN CHANNEL STUDIES TECHNICAL REVIEW I. Compensation A. 8 . II. A. 8 . C . The ENGINEER shall be compensated a total lump sum fee of $18,200 as summarized in Exh ibit 8-1 -Engi neer Invo ice and Section IV -Summary of Total Project Fees . The total lump sum fee shall be considered full compensation for the services described in Attachment A , including all labor materials , supplies , and equipment necessary to deliver the services . The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and subm itted by the ENGINEER in the format and inc luding content as present ed in Exhibit 8-1 , Progress Reports as required in item Ill of this Attachment 8 . The cumulative sum of such monthly part ial fee payments shall not exceed the total cu rrent project budget including all approved Amendments . Each invoice shall be ver ified as to its accuracy and compliance with the terms of this Agreement by an officer of t he ENGINEER. Ill. Progress Reports A. The ENGINEER shall prepare and subm it to the designated representative of the Department of Transportation/ Public Works Storm Water Division monthly progress reports and schedules in the format requ ired by the City . City of Fort Worth , Texas Attachme nt B PMO Official Release Date : 8.09 .2012 Page 1 of 2 8 -1 IV. Summary of Total Project Fees ATTACHMENT B COMPENSATION Firm Primary Responsibility Prime Consultant Halff Associates , Inc. Technical Review of Open Channel Studies Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL Project Number & Name Total Fee Open Channel Studies Technical $ 18 200 Review Fee Amount % $18 ,200 100% $ 18 200 100% MBE/SBE Fee MBE/SBE % $ 0 0 % City MBE/SBE Goal = Q % Consultant Committed Goal = 0 % City of Fort Worth , T exas Attachment B PMO Official Release Date: 8 .09 .2012 Page 2 of 3 8-2 Halff Associates, Inc. 4000 Fossil Creek Boulevard Fort Worth, TX 76137 Tel: 817-847-1422 Fax: 817-232-9784 email: tbarr@halff.com COFW Project Manager Consultant's Project Manager: Proj. Invoice No. Invoice date: Period (From -To) Purchase Order No. T&PW Proj No. City Secy . Cont. No. Mary Hanna, PE, CFM Terry Barr, PE, CFM Invoice -T&PW Name of Project : Open Channel Study Technical Review Work Phase Percent Complete TA01 Review of Reports and Data 0% T A02 Review Meetings 0% T A03 Henderson Report 0% CONTRACT AMOUNT 0% TOTAL CONTRACT AMOUNT TOTAL CONTRACT AMOUNT TO DATE (including amendments) Work Phase No. DESCRIPTION OF WORK THIS INVOICE TA01 Review of Reports and Data $ - TA02 Review Meetings $ - TA03 Henderson Report $ - ' $ - List all amendments to date (Do not invoice for additional work until the related amendment has been executed by the city) Amendment No. 1 2 3 4 Make all checks payable to : Halff Associates , Inc . Submitted by : Terry Barr, PE , CFM Project Manager Halff Associates , Inc. 4000 Fossil Creek Boulevard Fort Worth , TX 76137 Description City Secy. Date Total Amount Contract No. Executed by $ - $ - $ - TOTALS $ - TOTAL THIS INVOICE STORM DRAINAGE Revised Amt. incl. Orig . Amount Amendment $ -$ - $ 7 ,800 .00 $ - $ 3 ,200 .00 $ - $ 7 ,200 .00 $ - $ 18 ,200.00 $ 18 ,200 .00 $ 18,200 .00 $ 18,200 .00 STORM DRAINAGE TOTAL CONTRACT PREVIOUS AMT. INVOICES REMAINING $ -$ 7,800.00 $ -$ 3,200 .00 $ -$ 7,200.00 $ -$ 18,200 .00 $0.00! EXHIBIT "B-1" (SUPPLEMENT TO ATTACHMENT B) OPEN CHANNEL STUDIES TECHNICAL REVIEW METHOD OF PAYMENT & PROGRESS REPORT REQUIREMENTS I. Method of Payment Partial payment shall be made to the ENGINEER monthly upon City 's approval of an invoice from the ENGINEER outlining the current labor and expenses of the total project. The aggregate of such monthly partial fee payments shall not exceed the following: Until satisfactory completion of Attachment "A", Task I, submittal and approval by the City, a sum not to exceed 95 percent of the Task I fee. Until satisfactory completion of Attachment "A", Task II, submittal and approval by the City , a sum not to exceed 95 percent of the Task II fee . Until satisfactory completion of Attachment "A ", Task Ill, submittal and approval by the City , a sum not to exceed 90 percent of the Task Ill fee. The balance of fees, less previous payments , shall be payable after delivery of the FINAL report and electronic files . II. Progress Reports A. The Engineer shall submit to the designated representative of Department of Transportation/Public Works Stormwater Division monthly progress reports covering all phases of the analysis in the format required by the City . EXHIBIT "B-1 " Page 1 of 1 EXHIBIT "B-3" (SUPPLEMENT TO ATTACHMENT B) OPEN CHANNEL STUDIES TECHNICAL REVIEW PROFESSIONAL SERVICES FEE SUMMARY TASK Task 1: Review of 100% Reports and Data Task 2 : Review Meetings for 90% and 100% Reports Task 3: Henderson Report Completion and Additional Tasks SERVICE TOT AL EX HIBIT "B-3 " Page 1 of 1 FEE $7 ,800 $3 ,200 $7 ,200 $18,200 OPEN CHANNEL STUDIES TECHNICAL REVIEW LEVEL OF EFFORT ESTIMATE EXHIBIT "B-4" (SUPPLEMENT TO ATTACHMENT B) ... .. Q) lg> Project Phases and Tasks* 0 C: ... n, Q. :i: $150.00 Task 1 : Review of 100% Reports and Data (13) 100 % (Fina l) Repo rt Re view a nd Comments (13) 52 Su btota l Task 1 52 Task 2 : 90 % and 100% Review Meetings (7) 90% Rev iew Me etings (4) 12 100 % (Final ) Revi ew Meet ings (3) 9 Subtotal Task 2 21 Task 3: Henderson Report Completion Completion of Repo rt , Exi bits , Mod el Preparation 12 Sub to tal Task 3 12 PROJECT TOTALS $85 .00 i'@\ iii C: ... ... 0 Q) 0 ·-Q) ·-V, C: C: V, ·-:::, Q) Cl -, .... C: ew Q. $120 .00 0 0 36 36 $36.00 C: V, iii .. .. 'i" C) t:: 5 V, 0 ... C: 0 Q) ·-0 0 (.) I- Q) C: .. C: ·-:i: :E .. u ·-n, w :::, u Q) Cl ... ~ ·o C: I-en c ... w Q. $90.00 Hou rs $7 ,800 .00 $7,800 0 $7 ,800 .00 $0 .00 $7 ,800.00 $1,800 .00 s1,sg2 $1,4 00 .00 $1 ,400 0 $3 ,200.00 $0.00 $3,200 .00 12 $7 ,200 .00 $7,200 12 $7 ,200 .00 $0 .00 $7,200.00 $12 .00 $18 ,200 .00 4 $0.00 $18,200.00