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HomeMy WebLinkAboutContract 43560 CITY SECRETARY 4NTO CITY OF FART WORTH, TEXAS CONTRACT NOw STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the city of Fort Worth, a Texas home-rule municipality (the "CITY"), and CP&Y, Inc, authorized to do business in Texas, an independent contractor ("consultant"), for a PROJECT generally described as: Primary clarifier Process Evaluation for the Village Creek Water Reclaimation Facility . 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 Primary Clarifier Process Evaluation for the Village Creek Water Reclaimation Facility . (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 $23,080 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. FOFFICIAL RECORD CITY SECRUARY City of Fort Worth,Texas FT_WOR00H,TX Standard Agreement for Professional Services PM4 Official Release Date:05/04/2012 Page 1 of 8 . 5 t Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of six weeks , 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 PMO official Release Date:05/04/2012 Page 2of8 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 City of Fort Worth Water Department, Attention: David Townsend, PE, 1000 Throckmorton St, 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 PMO Official Release Date:05/44/2412 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. 1. 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 Party fails substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:05/04/2012 Page 4 of 8 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 PMO Official Release Date-,05/04/2012 Page 5 of 8 r Article X Minority and Women Business Enterprise (MfWBE) Participation In accordance with City ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Consultant acknowledges the M/WBE goal established for this Agreement and its commitment to meet that goal. 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 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. City of Fart Worth,Texas Standard Agreement for Professional Services PMD Official Release Date:05104/2012 Page 6 of 8 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: Water Department David Townsend, PE 1000 Throckmornton St Fort Worth, Texas 76102 Consultant: c P&Y, Inc. Attn: Michael F. Graves, PE 115 West 7th Street, Ste 1500 Fort Worth, Texas 70102 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 PMO Official Release date 05/04/2012 Page 7 of 8 Article XVll 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 3 day of July, 2012. BY: BY: CITY OF FORT WORTH ENGINEER CP&Y, Inc. C- Fernando Costa Michael F. Graves, PE Assistant City Manager Vice Pre 'dent Date: y,1*vo zje Date. 4r 7 r APPROVAL RECOMMENDED: By. y S. Frank crumb, PE Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: By: M&C Date: Nouglas W. Black Assistant City Attorney ATTEST. �' �o °o p►'�o %0 0 a d 0 A a ry J. K � °4 °�° 00 a0 *,9 City Secreta e °Qa ° Al� <e City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Reiease date:05/04/2012 Page 8 of 8 City Secretary Contract No. ATTACHMENT A SCOPE OF SERVICES ENGINEERING AGREEMENT WITH CITY OF FORT WORTH AND CP&Y, INC. FOR Primary Clarifier Process Evaluation FOR VILLAGE CREEK WATER RECLAMATION FACILITY The City of Fort Worth (City) is looking for CP&Y to conduct a process evaluation on the primary clarifiers including a feasibility pilot study of low-dosage chemically enhanced primary treatment (L-CEPT TM) process for improving the performance of Primary Clarifiers at the Village Creek Water Reclamation Facility (VCWRF). This scope of work is described in three tasks. Task I includes the process evaluation that consists of conducting a sampling program for calculating mass balance and removal efficiencies for each size of primary clarifier and type of primary influent wastewater. Performance evaluation under different flow conditions and/or ferric sulfate addition will be included depending on plant conditions. Task 11 consists of conducting a bench-scale study for L-CEPTTm. The L-CEPTTM is a process in which coagulant chemicals are added at low dosage prior to the primary clarifiers to enhance the performance of settling during primary treatment. It is preferred that Tasks I and 11 are performed concurrently to run bench-scale on same baseline. Task III is considered an optional service and includes the full- or model-scale pilot test of L- CEPTTM and a desktop evaluation to identify the potential overall impacts on the plant operations. The following engineering activities are identified by CP&Y for the process evaluation and feasibility study for the VCWRF: Task I: Primary Clarifier Performance Tests 1-1 Collect Samples and Prepare for Lab Analysis 1-2 Data Analysis Task II: Bench-Scale Jar Tests 11-1 Preparation II-2 Jar Tests 11-3 Data Analysis Contract No. Page-1 June 21,2012 Task III: Full- or Model-Scale Pilot Test (optional Services) III-1 Preparation 111-2 Tests 111-3 Data Analysis 111-4 Desk-Top Evaluation 111-5 Workshop for Results from Pilot Test The work described below refers to the engineering activities proposed for the feasibility pilot study. Basic Services Task Items As part of the professional engineering services proposed to complete the feasibility study, the Engineer will perform the following tasks with assistance from the City: Task I Primary Clarifier Performance Tests Task 1-1 Collect samples and Prepare for Lab Analysis 1. Approximately three (3) primary clarifiers will be monitored and evaluated. one (1) of the small and two (2) of the bigger primary clarifiers. 2. Engineer will draft a protocol for the sampling and analysis. The draft protocol will be submitted to the City for review. Engineer will finalize the protocol to incorporate review comments by the City. 3. Engineer will assist the City in collecting samples and assisting with preparation of the samples for analysis. Samples will be collected for a period of 5 days during 2 weeks duration. 4. Samples will be collected from the following locations: a. 3 primary effluent points b. 3 primary influent points c. 3 primary sludge points d. 2 headworks effluent points Task 1-2 Data Analysis 1. Engineer will compile experimental data obtained from the test. 2. Engineer will analyze information, conduct a mass balance and calculate removal efficiencies. Contract No. Page-2 June 21, 2012 r I Engineer will summarize the experimental results with city staff. Information will be delivered in the form of a briefing letter. A detailed evaluation report is considered additional work. Task II Bench-Scale Jar Tests Task II-1 Preparation 1. Engineer will draft a protocol for the bench-scale jar tests. The draft protocol will be submitted to the city for review. Engineer will finalize the protocol to incorporate review comments by the city. 2. Engineer will coordinate with chemical suppliers to obtain polymer, alum, magnesium hydroxide and hydrogen peroxide solutions used in the jar tests. The city will pay chemical costs if the suppliers do not donate the materials, which is uncommon. Engineer anticipates chemical costs would not exceed $1,200. 3. city will provide ferric sulfate solutions used for the jar tests. city will also provide MSDS and other technical information about the chemicals. 4. city staff will provide assistance in collection of testing samples used in the jar tests. 5. Engineer will prepare a schedule for the samples that will be collected from the jar tests and sent to city's laboratory for analysis. Engineer will coordinate with city staff to minimize impact on laboratory routine analytical work. 6. Engineer will set up jar test apparatus as well as testing kits in the place provided by the City at the VCWRF. Task 11-2 Jar Tests 1. Engineer will perform the jar tests in accordance with the protocol. a. The chemical combinations tested in the jar tests are as follows: i. Ferric sulfate, alone ii. Alum, alone iii. Ferric sulfate w/ polymer iv. Alum wl polymer v. Ferric sulfate wl magnesium hydroxide vi. Alum wl magnesium hydroxide vii. Ferric sulfate w1 hydrogen peroxide viii. Alum wl hydrogen peroxide b. Engineer will calculate chemical dosages and prepare stock chemicals. Contract No. Page-3 June 21,2012 c. Engineer will perform at least one (1) jar test run for each chemical combination on each testing sample collected. d. Engineer will collect samples during the jar tests. e. Engineer will prepare and send samples to City's laboratory in accordance with the schedule. 2. City will provide analytical work in accordance with the schedule. Engineer will analyze some of the samples using field kits to expedite the work. Task 11-3 Data Analysis 1. Engineer will compile experimental data obtained from the jar tests. 2. Engineer will summarize the experimental results with City staff. Information will be delivered in the form of a briefing letter. A detailed evaluation report is considered additional work. 3. Engineer will recommend types and dosages for the chemicals used in the full- or model-scale pilot test. 4. Engineer will work with City staff to make decisions for the full- or model-scale test. Task III Full-or Model-scale Test(Optional Services Task III-1 Preparation 1. Engineer will work with City staff to determine whether a full-scale or a model-scale primary clarifier will be used in the test. 2. Engineer will draft a protocol for the test based on the decisions made after the jar tests. The draft protocol will be submitted to the City for review. Engineer will finalize the protocol to incorporate review comments by the City. 3. city will provide ferric sulfate solution used for the test. 4. Engineer will coordinate with chemical suppliers to obtain polymer, magnesium hydroxide and/or hydrogen peroxide solution(s) used for the test. The City will pay chemical costs if the suppliers do not donate the materials. 5. Engineer will coordinate with venders to borough chemical feed pumps or other equipment used for the test. 5. Engineer will prepare a schedule for the samples that will be collected from the test and sent to the City's laboratory for analysis. Engineer will coordinate with the City staff to minimize impact on laboratory routine analytical work. 7. Engineer will work with city staff to set up testing system at the VCWRF. Engineer will coordinate with the city staff to minimize impact on plant operations, if applicable. 8. City staff will provide assistance in collection of samples used for the test, if applicable in a model-scale test. Contract No. Page-4 .dune 21,2012 ' r Task 111-2 Tests 1. Engineer will be responsible for performing the test in accordance with the protocol. a. The test will be run for at least five (5) consecutive days and not longer than fourteen (14) consecutive days. b. Engineer will calculate chemical dosages. c. Engineer will set the feed rates for the chemical feed pumps. d. The City will collect samples from the test system during the test. e. The City will prepare and send samples to City's laboratory in accordance with the schedule. Engineer will test some samples using field kits. 2. City staff will provide assistance as necessary in absence of the Engineer during the test: a. Collecting the samples. b. Adjusting the chemical feed rates c. Collecting the samples from the test system. d. Shutting down the system under emergency conditions. 3. City will provide analytical work in accordance with the schedule. Task 111-3 Data Analysis 1. Engineer will compile experimental data obtained from the test. 2. Engineer will summarize the experimental results with City staff. Information will be delivered in the form of a briefing letter. A detailed evaluation report is considered additional work. Task 1114 Desk-Top Evaluation 1. Engineer will perform a desk-top evaluation to identify the potential overall impacts on the plant operations. 2. The potential impacts will include, at least the follows: a. Sludge yield b. Anaerobic digestion process performance Task 111-5 Workshop for Results from Pilot Test 1. Engineer will provide the City with a half-day workshop to present the major findings from the pilot study. Contract No. Page-5 June 21,2012 2. The workshop will be presented after two (2) weeks of conducting pilot test. I work performed by the Engineer associated with this task will include the following: a. Organize and prepare presentations, including slides and brief handouts not to exceed five (5) pages including descriptions, graphics and tables to summarize pilot study results. b. Conduct workshop. Basic Service Task Performance Schedule Each basic service task will be performed in accordance with the following general schedule: Task l: Completion of sampling and data analysis within four (4) weeks Task III: Completion of testing and data analysis within four (4) weeks Task II: Completion of testing, data analysis and workshop within six (6) weeks Task I and 11 will be performed concurrently so the test results from Task I can be used to establish a baseline for the bench-scale tests in Task 11. Contract No. Page-6 .June 21, 2012 ATTACHMENT "B" COMPENSATION FOR ENGINEERING SERVICES We propose to perform the engineering services described in this proposal at a lump sum fee of $23,080. A breakdown of the engineering fees is shown in Table 1. TABLE 1 ENGINEERING FEE BREAKDOWN FOR BASIC SERVICES Task Task Description Engineering Fees Anticipated Schedule No. 9 P l Primary Clarifier $� 520 Four weeks for testing and Performance Testing summary. 11 Bench-Scale Jar Tests $17,360 Four weeks for testing and summary. AS 1 Chemicals $11200 May be reimbursable to City Total s !:O TABLE 2 ENGINEERING FEE BREAKDOWN FOR OPTIONAL SERVICES Task Task Description Engineering Fees Anticipated Schedule No. p g � Full- or Model-Scale $26 900 Six weeks for Piloting and ll Test Summary. Contract No. Page-7 June 21,2012