Loading...
HomeMy WebLinkAboutContract 46137 �,IT`P SECRUARY CONTRACT NO. 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: Water Conservation Assessment Program Large and Small Diameter. 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 Water Conservation Assessment Program Large and Small Diameter. (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 $48,750.00 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 OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:9/24/2014 CITY SECiiETAR Page 1 of FT.WORTHS TX RECEIVED NOV 112014 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Sixty (60) days, 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 Revision Date:9124/2014 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 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 Water Department, Attention: Mr. David Townsend, P. E., 1000 Throckmorton 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 Revision 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 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. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 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 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 Revision Date:9/2412014 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:912412014 Page 6 of 8 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 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: David Townsend, P.E., Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Freese and Nichols, Inc. Attn: Thomas Haster, P. E. 4055 International Plaza, Ste. 200 Fort Worth, Texas 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 Revision Date:9/24/2014 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 original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the 1 bq— day o4fl , 2014. BY: BY: CITY OF FORT WORTH ENGINEER Freese and Nichols, Inc. Fernando Costa Thomas Haster, P. E. Assistant City Manager Vice President Date: // 1+9 Date: /O — 30 -- ZO/� APPROVAL RECOMMENDED: By: Z��/ Andrew T. Cronberg, P. Interim Director, WateNQdpartment APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By: M&C Date: N/A Douglas W. B ac Assistant City Attorney F Olt ATTEST: ° 0 8y OOOOO°o°0 a J. Kay4l IT 0 AS City Secretary /�! City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:9/24/2014 CITY SECRETARY Page 8 of 8 FT.WORTH, TX ATTACHMENT "A" Scope of Services 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 WORK TO BE COMPLETED 1.0 WCAP PROGRAM REVIEW AND WORK PLAN DEVELOPMENT PROCESS 1.1 Review Goals and Purpose of the WCAP Program and Develop Work Plan A. Conduct up to two meetings with Field Operations, Engineering and WaterlT to review methodology used to identify projects to date,similar work done to date,project drivers,goals and expectations for the WCAP Program. B. Conduct workshop#1 with Field Operations, Engineering and WaterlT to present draft work plan for WCAP Program outlining project drivers and goals, phasing plan to initiate inspections of each project segment, and administration process. 1,2 Develop Scoring Criteria for Waterlines A. Conduct up to two meetings with Field Operations, Engineering and WaterlT to review scoring criteria for waterlines. The .focus of the meetings will be scoring criterion based on water conservation, condition and customer service factors. Examples of potential scoring criteria is shown below: Water Conservation: o Population served o High Impact Customers o Redundancy o Hydraulic Capacity Condition: o Break history o Soil o Performance indicators Customer Service: • Water Quality • System Pressures • Retention Time • Water Age City of Fort Worth, Texas Attachment A PMO Release Date 09.24.2014 Page 1 of 2 B. FNI will develop initial scoring parameter, metrics,weighting and key focus indicators for large and small waterline assets based on the meetings with Field Operations, Engineering and WaterlT. C. FNI will conduct scoring criteria workshop #2 with FWWD staff. The workshop will address the following. • Define"Large Diameter" Scoring (water conservation, condition, and customer service) • Define"Small Diameter" Scoring (water conservation, condition, and customer service) • Develop Key Focus Indicators for large and small diameter scoring • Develop Scoring Parameters for large and small diameter scoring • Develop Scoring Weighting for large and small diameter scoring • Develop Scoring Metrics for large and small diameter scoring D. Address comments from workshop#2 and finalize scoring criteria for waterlines. 1.3 Utilize Criteria to Assign Candidate Replacement Lines A. Conduct up to two meetings with Field Operations and Engineering to review existing business process. B. Define process for applying scoring criteria in Task 1.2 C. Utilize criteria to develop shapefile with candidate replacement lines and develop heat mapping showing areas of greatest need. 1.4 Wateriine Condition Assessment Technology Research and Comparison A. FNI will document available vendors and technologies. FNI will develop applicable pipe materials and sizes for each vendor, FNI will document pros and cons for each vendor and technology. Examples of potential vendors are shown below. • PURE • Echologics • Wachs . Others B. FNI will conduct a workshop #3 with Field Operations, Engineering and WaterlT to review assessment of available vendors and technologies. FNI will present the findings on vendor and technology alternatives,with recommendations. FNI will identify services for various applications. C. Address comments from workshop #3 and develop draft technical memorandum summarizing findings and recommendations from workshop#1,workshop#2 and workshop#3. D. Finalize technical memorandum summarizing findings and recommendations from workshop#1, workshop#2 and workshop#3. City of Fort Worth,Texas Attachment A PMO Release Date 09.24.2014 Page 2 of 2 j ATTACHMENT B COMPENSATION Not to Exceed: Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed Forty Eight Thousand Seven Hundred Fivty Dollars ($48,750). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify CITY for CITY's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charges: Position Min Max Professional - 1 71 113 Professional-2 95 155 Professional-3 106 173 Professional-4 127 202 Professional-5 181 242 Professional-6 170 445 Construction Manager-1 85 101 Construction Manager-2 100 156 Construction Manager-3 139 161 Construction Manager-4 172 217 CAD Technician/Designer- 1 63 99 CAD Technician/Designer-2 89 156 CAD Tech nician/D.esigner-3 119 167 Corporate Project Support- 1 39 108 Corporate Project Support-2 68 169 Corporate Project Support-3 76 334 Intern/Coop 33 65 Rates for in-House Services Technology Charge Hulk Printing and Reproduction $8.50 per hour Black and White $0.10 per copy Color $0.25 per copy Travel Plot-Bond $2.50 per plot Standard IRS Rates Plot-Color $5.75 per plot Plot-Other $5.00 per plot Binding $0.25 per binding OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. 356-22014 G O d d oo �o 00 t- OHO W N N r 00 N N O mod. or, vi w 4EO9 ss bs 69 va d9 .-r O 00 O O° Fy 64 O O Vim' ti � cMr1 F pq 4) d C4 •� � \O `D V M d •�O W tt O O N N 00 d' M �••� C� cd a q 00 d ocn � y CA U o oo Cl %p a o g w €" v A a a a Cd N � U � � N •� '7 � cd F (� FORT WORTH CITY OF FORT WORTH FREESE N00111MICHOLS LARGE AND SMALL DIAMETER WATER CONSERVATION ASSESSMENT PROGRAM PRIORITIZE AREAS FOR STUDY (FTVd/FNI] 1)DELINEATE WATER;.PROJECT_kEAS 45 000 SD,000 LF - NotAhove k m 6 LF Not Less Than i t100 LF ; •: ': (FrwtS 4 2)ED{T BREAK AND LEAK HISTORY (FTw)c< 3)PURGE�BREpKAN�.LEAK HISTORYA " E I... IFNI) 4)IDENTIFY TOP PROJECT LOCATIONS BY UTILIZING BREAKS AND LEAKS)100.Ml E . + ,r♦z} ' �I r )r .RAIuGE PER WATER PROJECT ARE/ tr4iJvJ(� I'1& IWdy�i �1 r Lt` S).IDENT)�YarUUTLYING-Sf'GMENTSIINITIj'HIGH BREAKAND LE glt-RATIIIIG r s t 9 .V a ,�;1101 (FNt) 6)CLEAN URf80U�VDA)iIES ANDYIV ATCH TO PARCEL zt'a` f� 7 DEVELOP SCORING CRITERIA FOR m (FTW/FNijX1)DEFINEa}�LJ�RGE DIAM �R",SCQ ING's(�•o(er Conservbtton�`Cor}dihon C�stomer5erwc�]` S R) P' A bee)op�Ze Fo�jS Indkcat S( Fl's) ;icy N ! B } Dev2(op Scit?g Para(� 1{eY5 , t �� bevelop Scoring Weeg(jrtlng r r' t, { T•°", ' ht 3 ]�f � � r� I � 1• te'opSc01 1!gArla y 0. ( 2}DEFINE 7M rrL A DETER',,� ORING,(Water a servo bn Se Condi onjfusta/n ) .,Aj Develop Ke Foc U.,Indor5(I�FI s it Mj evelop5cor(ng Paters. t lt:, k' y O C: a yS�coA..'O, tj�ghHng ylr $ > n SC6 etrl ..r ' f. ..mM x�li{ .^ 11.1! t(aie:. + }� ' .. .t t m VENDOR • • M (FNq %tt DOC.�M#NT f I.A)3��/ENDO h 1 ( ,� (FNI t �DEVELOP APL �LE�PIPE(VMATERIAL$$tsSiZ ; O„ � �x E } AS, LlitS jj PRQSAND CONS SUCf1 AS +I�PACITYsCSy CE}$S SUES URE R fr ] achs, t,� ° t e�= ' r•Vr (S)FO F1 IDENTIFY SE ICES ,.• S y ,,, . ' y� r gtLeak DetecfignlL.f{F7� Develop Bid DocY ertitst ��' (FNI )APPLY{SCREE`J1(CFI"G�FROCESSr sr .y I,;l? 'I _r ,fr I'rf r r stjr�jyr"CONDITION f(DES TORPANAL ` # �Y. x leak H}stor�i t��� -Performance In ea a F rt"S"rY , ' Q e�l`'. y B Oth L4 tt t C0 51mft ATI PoplAtlbn erved'f f C(Customers Hydraullc iCapad tPti R r (i. fa r♦{�i{7ft �ll$T01V�EiLSE .fir, 4Y FNI .,'2,APPLY SCORITERIA TO pR10. ZE�P _'INES FOR F Ass ESEN, C • •. RENEWAL PROGRAM COSTS m DEL I bP G�S Ivy .(S IOF R CbJVIMENEit � �ROS�EMEf1ITStrI q 1:1 a i' t as Rm 1 i t� r'�a •{t' ss (FNI) 2�DEVELOPrGQIr SfIMATESs A !t1N4� i! t t7 tS' .. f 01")f 1 (Fw} )DEVELOP ESTIMATED V(LUME O ATER LOSS NDN E Orr DEVELOP LETTER REPO 'ES t ,. ,r 'a ��'¢roJe�}BackgO�'�ud >CMap(Lq at(on y' m t }t ( rfh i"LI'r: N NF �i s QJ 1 (D t'lFNO .5�`PRIOFtITIZE��s�E�IN`�SEGIy(EI�TS B'A�S ).ON'OVERALL RIS &,BUDG T C0�37RAIN�S, � �'t i t ' �.;. 3,rtx` ,;,t{rq ,n,�'in•h'Ir t3.�„�:.,.3<A rrss, ;,�+,. •t iI< n O DETECTION FIELD ASSESSMENT:LEAK .• 0 jt j�{r1ARfGED1 METC°R' y ` 1 ' 4 SMALL D/AMETE)t ky�r�ti try , SI4rs,$y-r%�@{� t ill, as r+sr kt F s AN cp a)e t os methods bgY7 1} Review,c e �yatef)o mothedfogy (•` F, tr ty w I r y io-Y rc.�gNi) :2)IAstess water conse vtianunpadi7�'} ! )4�'atet l(3q�13tf'og impact,3�'Dacumentandanaly:ecurtentleaµdetecN tl� ya.?��;3)IDglilentandarla1j,ecurreneakde��tre33 qn; 1k+. process ?I�`fst r} 5;. ; l}� sti44yst (1 f ' �{]m `1 (FMI/FNI)),4J Develop standard protocol fai.eak de)e= art , t�{ Deuelap standard protocol{q(leep de4?lon f1Y andhydfiy4taSsess{nen�y}i� ty�r� 1> Iv andhydra)rtrra:;sessmentY";- 1t"kc (FN�xi'�5) Oev�tgd tfe)�#o�s ternpplaces jN�'` }f 5)Develol(f�e)d�o s/t�!/tielates l}��)I � - ��r nararr,tV•te+t�x rl �1>3� Cr t { ,I ti!r -3' ,I} r, r+e ..tr $. ( ]'- 6) OepIPY�reW�(Far�..i fifth staff) - ;� ?,t� 6) De t� cre _(Fo�ft l/itorlh StaHJ}! f }I . F I Do went leak�eteckon and h adt asse s Docgfpent leak t]etect(on and�ydran �sse br(FNIJ t�BJ'Quantify.watersavingsanr]tedeulalprlojiHes e I h�;gdg)quanNf ywatersavingsandfenewatlprlo{Yrftles +� Dite:10/14 12014 . .