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HomeMy WebLinkAboutItem 10 - DFW Connector Consultant !ITEM l MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 19, 2009 SUBJECT: DFW CONNECTOR CONSULTANT SERVICES AWARD OF CONTRACT RECOMMENDATION: City Council consider approving an Engineering Services Contract with Half Associates, Inc. in the amount not to exceed $180,000 for professional engineering, planning and construction services related to the upcoming DFW Connector CDA Project, authorize the City Manager to execute said contract, and take any necessary action. FUNDING SOURCE: Funds are currently available in 1999 and 2000 GO Bonds, Account # 178-78378-011 & 178-78117-010. These funds were programmed for engineering services support during the schematic development phase for the DFW Connector in January, 2005 with the City Council's approval of a contract with Turner, Collie & Braden, Inc. That phase is complete and additional services from Turner, Collie & Braden, Inc. are no longer needed. BACKGROUND: The construction of the DFW Connector through the City of Grapevine poses some very complex issues. The CDA team that has been awarded the construction contract will be working under a very aggressive schedule to complete the project on time. Normal design, bid, build projects move more slowly than CDA projects which are basically Design/Build projects. These type projects have very aggressive schedules that include design and construction ongoing at the same time. With this aggressive schedule, planning, design and impact assessment, final decisions will have to be made quickly. The City staff will be actively involved in the pursuit of the project, but will have limited timeframes to review and comment as issues arise. Half Associates' staff will provide us the expertise and the manpower to address issues that are critical to the City from both a short term and long term impact perspective as they arise. 0:\agenda\2009\5-19-09\DFW Connector Consultant Contract May 13,2009(4:59PM) Issues that may arise include: • Project design review • Alternative design preparation • Change order review • Alignment modifications • Ramp adjustments • Consultation on general engineering issues • Traffic engineering and analysis • Review of traffic impacts from detour & lane capacity reduction • Construction scheduling and phasing review • Construction observation • Utility relocation design review These type issues require the services of a firm experienced in this field who can provide the City with the needed advice, guidance, situational assessment and manpower to address the issues in a timely manner. Halff Associates, Inc. has significant experience in this field. The contract is a time and materials contract and will be set up in $50,000 increments. The City Manager will initially authorize work to begin with a not to exceed figure of $50,000. Subsequent authorizations will be issued by the City Manager as the services are needed. Staff recommends approval. JSL O:\agenda\2009\5-19-09\DFW Connector Consultant Contract May 13,2009(4:59PM) AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement for Professional Engineering Services,hereinafter called"Agreement,"is entered by the City of Grapevine,Texas,a municipal corporation,duly authorized to act by the City Council of said City,hereinafter called"City,"and Halff Associates,Inc.,a Texas corporation,acting through a duly authorized officer,herein called"Engineer,"relative to Engineer providing professional engineering services to the City. City and Engineer when mentioned collectively shall be referred to as the"Parties". WITNESSETH: For the mutual promises and benefits herein described,the City and Engineer agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution • by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Engineer. Engineer shall provide to the City basic engineering services on an"as needed"basis as determined by the City. Services may include but are not limited to the following: • Surveying • Project Design Review • Alternative Design Preparation • Consultation on General Engineering Issues • Traffic Engineering and Analysis • Review of Traffic Impacts from Detour&Lane Capacity Reduction • Construction Scheduling and Phasing Review • Construction Observation • Utility Relocation Design Review 3. Compensation of Engineer. The City agrees that Engineer shall be paid for any services requested by the City on a time and materials basis at the Engineer's hourly rates plus reasonable and necessary reimbursable expenses(Direct Costs)incurred by Engineer in the performance of the requested services. Direct Costs shall include,but are not limited to, long distance telephone,postage, equipment, expendables,mileage, subcontractors or special consultants, freight, copies and blueprints. Direct costs shall be billed at 1.1 times actual costs. The full contract price,not to exceed$ 180,000 is approved by this contract. The City Manager will provide written authorization to engineer to provide services requested by the City in$ 50,000 increments as requested services dictate. Engineer agrees to submit monthly statements to the City for basic professional engineering services. These statements will be based upon Engineer's actual services performed and reimbursable expenses incurred,if any,and the City shall endeavor to make prompt payments.Each monthly invoice submitted by Engineer to the City shall be reasonably itemized to show the amount of work performed during that month broken down by the identity of the person(s)performing such work,the amount of time expended by such person(s)in performing that work,the billing rate for each such person,and a brief summary of the work performed by each such person. If the City fails to pay Engineer within thirty(30)calendar days of the receipt of Engineer's invoice,Engineer may,after giving ten(10)days written notice to the City,suspend Page 1 professional engineering services until payment is received. Nothing contained in this Agreement shall require the City to pay for any work that is unsatisfactory as reasonably determined by the City or which is not submitted in compliance with the terms of this Agreement. 4. City's Obligations. The City agrees that it will(i)designate a specific person as the City's representative, (ii)provide Engineer with any previous studies,reports, data,budget constraints, special City requirements, or other pertinent information known to the City,when necessitated by a project, (iii) when needed, assist Engineer in obtaining access to properties necessary for performance of Engineer's work for the City, (iv)make prompt payments in response to Engineer's statements and(v)respond in a timely fashion to requests from Engineer. Engineer is entitled to rely upon and use,without independent verification and without liability, all information and services provided by the City or the City's representatives. 5. Termination. The obligation to provide further services under this Agreement may be terminated by either party in writing upon thirty(30)calendar days notice. In the event of termination by the City, Engineer shall be entitled to payment for services rendered through receipt of the termination notice. 6. Ownership and Reuse of Documents. Upon completion of Engineer's services and receipt of payment in full therefore,Engineer agrees to provide the City with an irrevocable license to the materials and documents prepared or assembled by Engineer under this Agreement and shall be delivered to the City without restriction on future use. Engineer may retain in its files copies of all drawings,specifications and all other pertinent information for the work it performs for the City. City's reuse of documents and/or materials provided by or through Engineer on another project or other projects shall result in the City indemnifying,defending and holding harmless Engineer from any claims,causes of action,suits,disputes or circumstances that in any way result from such reuse by City or its agents. 7. Notices. Any notices to be given hereunder by either party to the other may be affected either by personal delivery,in writing,or by registered or certified mail. 8. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except the City and Engineer, and contains the entire agreement between the parties. Oral modifications to this Agreement shall have no force or effect. 9. Indemnification. Engineer does hereby covenant and agree to release,indemnify and hold harmless the City and its officials, officers, agents, representatives, employees and invitees from and against liability,claims,suits,demands and/or causes of action, (including,but not limited to,reasonable attorney's fees and costs of litigation),which may arise by reason of death or injury to property or persons but only to the extent occasioned by the negligent act,error or omission of Engineer,its officials,officers, agents, employees, invitees or other persons for whom Engineer is legally liable with regard to the performance of this Agreement. Page 2 In the event that the City and Engineer are concurrently negligent,the Parties agree that all liability shall be calculated on a comparative basis of fault and responsibility and that neither Party shall be required Alleibk to defend or indemnify the other Party for that Party's negligent or intentional acts, errors or omissions. r' 10. Insurance. Engineer shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement and for a period of three years thereafter,professional liability insurance. The limits of liability shall be at least$1,000,000.00 per claim and in the aggregate. Any such policy of insurance and the Declarations Page therefore shall identify if coverage is being provided on an "occurrence"or"claims-made"basis. If this coverage is being provided on a claims-made basis,Engineer must maintain this policy for a period of four(4)years after the cessation of any work for the City or shall purchase the extended reporting period or"tail"coverage insurance providing equivalent coverage for the same period of time. Engineer shall submit to the City proof of such insurance prior to commencing any work for the City. Insurance provider shall have an A.M.Best Rating of A+and be admitted to write insurance protection policies in the State of Texas. 11. Prompt Performance by Engineer. All services provided by Engineer hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of the engineering profession in the State of Texas applicable to such engineering services contemplated by this Agreement, and Engineer shall be responsible for all services provided hereunder whether such services are provided directly by Engineer or by any other professionals and/or consultants hired by Engineer. Engineer shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Engineer's services hereunder to be timely and properly performed. Notwithstanding the foregoing, Engineer agrees to use diligent efforts to perform the services described herein and further defined in the specific task orders,in a manner consistent with these task orders. However, the City understands and agrees that Engineer is retained to perform a professional service and such services must be bound, first and foremost,by the principles of sound engineering judgment and reasonable diligence. 12. City Objection to Personnel. If at any time after entering into this Agreement,the City has any reasonable objection to any of Engineer's personnel,or any personnel,professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom the City has no reasonable objection,and Engineer's compensation shall be equitably adjusted to reflect any difference in Engineer's costs occasioned by such substitution. 13. Assignment and Delegation. Neither the City nor Engineer may assign their rights or delegate their duties without the written consent of the other party. This Agreement is binding on the City and Engineer to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any City officer, employee or agent. • 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of,the parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Engineer covenants that during the Agreement period that Engineer shall have no interest and shall not acquire any interest,direct or indirect,which will conflict in any manner Page 3 or degree with the performance of the services to be performed under this Agreement. All activities and other efforts made by Engineer pursuant to this Agreement shall be conducted only by Engineer and professionals and/or consultants retained by Engineer. Any violation of this Paragraph,with knowledge, express or implied,by Engineer shall render this Agreement voidable by the City. 16. Venue. The parties herein agree that this Agreement shall be enforceable in Grapevine, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Tarrant County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement,and such disagreement cannot be resolved by the signatories hereto,the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 19. Signatories. The City warrants and represents that the individual executing this Agreement on behalf of the City has full authority to execute this Agreement and bind the City to the same. Engineer warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Engineer to same. IN WITNESS WHEREOF,the parties,having read and understood this Agreement,have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of ,2009. HALFF ASSOCIATES,INC. CITY OF GRAPEVINE,TEXAS Al Al - By: _ By: d Russell Killen,P.E., C.F.M. ice President City Manager ATTEST: By: , By: 1 iF. Roberts,P.E., ce President City Secretary Page 4