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
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CITY SECRETARY
FT. WORTH, TX
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City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: 11.07.17
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City of Fort Worth, Texas
Standard Agreement for Professional Services
Revision Date: 11.07.17
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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
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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
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City SE
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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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
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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 %
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City of Fort Worth, Texas
Attachment B
PMO Official Release Date: 8.09.2012
Page 4 of 4
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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
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