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HomeMy WebLinkAbout052494 - Construction-Related - Contract - James DeOtte Engineering, Inc.RECEIVED CITY OF FORT WORTH, TEXAS JUN 28 2019 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CITY OF FORT WORTH CITY SECRETARY This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("City"), and James DeOtte Engineering, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Greenfield Acres Phase 3 Storm Drain Improvements (CPN 101635). Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Miscellaneous Storm Drain Improvements. (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 an amount up to $728,560 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 1 of 9 CNL•'i,k, ( n €EORD I eF bG to t' �nq� CITY SECRETARY FT. WORTH, TX - - - -• 111 111 -. • - 0 111 .•• -•. • • • - • 111 111 - •- • - • • -• - • •: -.• : 1'1111- • 11 111 • I- - •• 11 111 • I - I- - - • • -- City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 3 of 9 - : • - • • - - • • • City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 4 of 9 City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 5 of 9 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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. Article XV 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 City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 6of9 YtL ••i' -ii-i11- • •. •i • .: • .:: • - • • ••• - •I tlIIf• ! • • • • • city of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A - Scope of Services Attachment B — Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Susan Alanis `Assistant City Manager Date: Co I 1 1 5 APPROVAL RECOMMENDED: By: Ste oke Interim Director, TPW City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 8 of 9 BY: CONSULTANT James De ineering, Inc. Brian Darby, PE Vice President Date: 1 ot I-- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("City'), and James DeOtte Engineering, Inc., authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Greenfield Acres Phase 3 Storm Drain Improvements (CPN 101635). Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all pe ormance and reporting requirem r) / , / //,' Mich eI WeHbaum, PE, CFM Project Manager Form 1295 No. 2019-502300 M&C No.: C-29140 M&C Date: 06/04/2019 APPROVED AS TO FORM AND LEGALITY ATTEST: By: Douglas Black Assistant City Attorney City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 9 of 9 IvryJ City SE OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX •• • •-r - • 1 r .•• -• • •- • • - C•7:!Ixj ATTACHMENT B COMPENSATION Design Services for GREENFIELD ACRES PHASE 3 City Project No. 101635 Time and Materials with Rate Schedule Project 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 Labor Category Rate for the ENGINEER's team member performing the work. Labor Category 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. Labor Category 2019 Rate ($/hour) 2020 Rate ($/hour) Principal 200 210 Project Manager 180 190 Project Engineer 120 130 CAD0/Survey 110 120 Administrative 75 80 ii. Non -Labor Expenses. Non -labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. 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%). City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 1 of 4 ATTACHMENT B COMPENSATON I ii r _. :_. i 3.• i fi i :• •. :: '•.: - - .•iii —• II i 1 llII I- r • ;.= i . • • _ • • • is • .. City of Fort Worth, Texas Attachment B PM0 Official Release Date: 8.09.2012 Page 2 of 4 MR ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant James DeOtte Engineering & Survey $635,134.50 87.2% Engineering, Inc. Proposed MBE/SBE Sub -Consultants Non-MBE/SBE Consultants The Rios Group SUE $93,425.00 12.8% TOTAL $725,560.00 100% Project Number & Name Total Fee MBE/SBE Fee MBE/SBE $728,560.00 $93,425.00 12.8% City MBE/SBE Goal = 9.0% City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 3 of 4 Consultant Committed Goal = 12.8 % B-3 a 1Ar City of Fort Worth, Texas Attachment B PMO Official Release Date: 8.09.2012 Page 4 of 4 ME y O 3 v Y S Y � C C O v 6 E A A E 0 N N m F- N v p m F F LL Q O O E E . c d 3 3 o V LL LL a E E N w cc a c o c °—Y° u 3 a m C2 Y a a ?. cQ N py� n t c cm h aL' CC C N yp N cc 'O C 'L. �O Q � E •`= d a E 4O -u w O U) M Cl) N 0 c .Li c O< m i C c C N W Y W a u, c O Ec m d -i E W R i R O V 7 LL F Q �' ac'zAAA mr� to o; z Cl) aWW E WWI' O d ac) U U J J A 0 0> NNdNN� C_ N .C A 16 E R dm c m O U c COJ H O O >.- "0- - d 47 Q. aU) N C O d O - EO E UQ C O d E EEo aQ C O C vO O EQ C WC E we Q Q w C, H 0 LL 4- N 4)41W 1 5 Q 00W N CO N. Y Y Y Y Y N 3 3 3 3 3 3 0 }{ > m §!; } 9 �) Q !a c)2a 0 E .; . C,) .•�)• = •• • C., w(k) k a CO - kk 7. // ) U r o Wit§ $�E z1 •{�kkR G U). a aEk=ua. Z 22aaa_ cw (2 k t� J/. > 'n_ Icj, 2 q0< U Ec a) = E< EZ §e |/ 2 C 2 E a ATTACHMENT " City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of I • City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/4/2019 DATE: Tuesday, June 4, 2019 REFERENCE NO.: **C-29140 LOG NAME: 20SW GREENFIELD ACRES_DESIGN_PH.3 SUBJECT: Authorize Execution of an Engineering Services Agreement with James DeOtte Engineering, Inc., in an Amount Not to Exceed $728,560.00 for the Greenfield Acres Phase 3 Storm Drain Improvements Project (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize execution of an Engineering Services Agreement with James DeOtte Engineering, Inc., in an amount not to exceed $728,560.00 for the design of Greenfield Acres Phase 3 Storm Drain Improvements Project. DISCUSSION: Drainage improvements are needed to protect homes in the Greenfield Acres and Marine Creek Meadows neighborhoods from flooding. Phases 1 and 2 of this project involved the analysis, design and construction of a regional detention pond and storm drains. Phase 3 will complete the design of the storm drain system on Greenfield Road, North Hill Lane, North Ridge Road, and Tee Head Drive. Construction is anticipated to begin in 2020. James DeOtte Engineering, Inc., proposes to perform the Phase 3 engineering services for an amount not to exceed $728,560.00. City Staff considers the fee to be fair and reasonable for the scope of services proposed. Funding for this project is being provided from the Stormwater Capital Projects Fund. Authorizations provided with this M&C will result in no additional annual operating impacts to the Transportation and Public Works Department's operating budgets. MWBE OFFICE: James DeOtte Engineering, Inc., is in compliance with the City's BDE Ordinance by committing to 12% SBE participation. The City's SBE goal on the project is 9%. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations funds will be available in the current capital budget, as appropriated of the Stormwater Capital Projects Fund. FUND IDENTIFIERS (FIDs): TO Fundl Department AccounI Project Program ctivity Budget Reference # moun ID I I ID I Year (Chartfield 2) Logname: 20SW GREENFIELD ACRES_DESIGN PH.3 Page 1 of 2 irn• II I III- II • I i • f • ' •• i �� IA IM II I MII iTTfl1• • f' • [1 S ' •.' ••.in rn I• _ -• . ._� ,._ 1 • �•• .ice • •i ' • i• - i ' a ' , • ' • i