HomeMy WebLinkAboutContract 45355 CITY OFFORT WORTH, TEXAS ary,sECRETARY
CONTRACT
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas horse-rule municipality
(the "CITY"), and Mc Weir r Con su lti ng,w Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described s Conceptual
Design of Cogeneration System Improvements.
Article 1
Scope of Services
(1) Consultant hereby agrees to erf rm as an Independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". Thiese services
shall he performed in connection with Conceptual' Des,ign f Cogeneration System
Improvements.
(2) AddMonal services, if any, will be requested in writing by the City. Cite shal'l' not pay
for any work performed by Consultant or its s bcons uItanits, subcontractors an r
suppliers that has not been ordered ire writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additliona,l work resulting from
rlal orders of any person.
Article 11
Compensation
Consultant shall he compensated in accordance with the Fee Schedule shown in
Attachment "A Pa ment shall be considered fill compensation for all labor, mat rials,
supplies, and equipment necessary to complete the services described' in Attachment neat "A",
However the total fee paid by the Cite shall not exceed a total of $49,500.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreeme nt accordingly.
The Consultant shall provide, monthl invoi!c s to the City. Payment for services rendered
shall he due within thirty 3 days of the uncontested performance of the particular
services s ordered and receipt by pity of Consultant's invloice for payment of same.
Acceptance by Consultant of said payment ,shall operate as and shall release the City from
rl all claims or liabilities under this Agreement for anything related to, done, or furnish in
�r connection with the services, for whli h palyme�nt is made, including any act or omission, of
Mol
r
:ry the City in connection with such services.
City of Fort Worth,Texas
Standard Agreeme nt for Professional ServIces
PM Official Release Data,1/28/201
Page I of 8 OFFICIAL RECORD
Cilry 5S,C BURY
RSTAR
WOR
TH,TX
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement
all be for a, te of 180
days, beginnings upon the date of its execution, or until the completion of the subject matter
contemplated herein, whichever occurs first.
Art'll,c l 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, an snall 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 liabifity of
Consultant or its officers, agents,1 employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance w1th 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,
intentionall tort, intellectual property infringement, or faillure to pay a
subcontractor or supplier committed by the Consultant,or Consultants agent,
consultant under contract, or another entity ver which the Con sultanVs
exercises control.
City lot Fort Worth,Texas
Standard Agreement for Professional Services
PMO Official Release Date:112812013
Page 2 of 8
Artl"cle V1
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 insuran�ce, nor
shall Consultant all any subcontractor to commence work on its subcontract until'
all s,i'milar insurance of the subcontractor has been so obtained and approval given
by the City--I provided, however, Consultant may elect to add any sub onsultant as
an additional 'insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Automobile Li'ab:ility
$1,1000,000 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 R 'ect.
r0i
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,,000 each accident
$1510,01,0001 disease - policy limit
$100,000 disease -each employee
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's workers
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:
Madelene Rafalko) P.E., 1000 Throckmorton Street, 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 re qu irements specified herein.
policy a
d. Each it poiicy snal�l be endorsed to provide the City a minimum this 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.
C4 of Fort Worth,Texas
Standard Agreement for Professional Services
PMO,Official Release Date:1/281201 3
Page 3 of 8
Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rat in of AN VI I 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 iini riting 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.
io, Consultant's insurance policies shall each be endorsed to provide that such
i is s primary protection and any self-funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
In the course of the Agreement,1 Consultant shallil report, in a timely manner, to,
CRY
i s officially designated contract adrninistratcar 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
r 1ired, herein.
1. Upon the request of City, Consultant shall provide compilete coplies of all
insurance policies required by these Agreement documents,
Article V11
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 V111
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 Fon Worth,Texas
Standard Agreement for Professional Services
PIV101 Official Release Date-112812013
Pine 4 of 8
commence correction of such nonperformance with 5 days of written notice and
0:
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
4 .
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 W 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 prov,isions of
this section. City shall give Consultant, reasonable advance notice of intended audfts,
1
(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 sna,ll,, be, provided adequate and appropriate wolrk space in
order to conduct audits in compliance with the provisions of this article. City shall
give Consultant and any sub-iconsulta,nt 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 i
exas Administrative Code n effect as of the time copying
is performed.
City of Fort W,orth,,Texas
Standard Agreement for Professional Services
PMO Official Release Date:1/28/2013
Page 5 of 8
Article X
Monority Business and Small Business Enterprise (M'BE)(S E) Particiopationi
In accordance with the City's Blus,ines:s 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 c,omm itment to MBE and SB,E
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 Xl
Observe and Comply
Consultant shall shill 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 aga,in:st 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 X11
Venue and J uric dicflon
If any action, whether real or asserted! at law or in equity, arises on the basis of any
r ov venue for such action shall lie, n state courts located in
p ision of this Ag reem ent, i
Tarrant County, Texas or the United States District Court for the Northern District of Texas,
— Fort Worth Division. This Agreement, sh,alil, be construed in accordance with the laws of
the State of Texas.
Art,ic,lie X111,
Contract Construction
The Parties ac,know,ledge 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
I
i I nterpretation of this Agreement or any amendments or exhibits hereto.
City of Fort Worth,Texas
Standard Agreement for Professional Services
PM:O Official Release Date:112812013
page 6 of 8
Ift
Article XIS'
Severabiffifty
The provisions of this Agreement are sev era ble�, 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
Notimces
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
100,0 Throckmorton Street
Fort Worth, Texas 76102
Consultant:
Vic Weir Consulting, Inc.
Attn Vic Weir, 1:11 1 P.E,.
140,7 Texas Street
Fort Worth, Texas 76102
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 Foil Worth,Texas
Standard Agreement for Professional SerVices
P Official Release Date:1/2,812013
Page 7 of 8
Article XVII
Cotesrts
Thi's Agreement may be executed 'in one or more counterparts aInd each counterpart shaill,
for,all purposes, be deemed an original, but all such counterparts, shall together constitute
but one and the same instrument.
Executed by duly authorized representatives of the parties hereto and effective on the date
subscribed by the City Mana is Office.
BY*- BY
CITY OF FORT WORTH ENGINEER,
Vic Weir Consultin Inc., 100"VI
L00001F
w-
/2Vic IA 1',e-
Fernando Costa Weir, III, P.E.
,Assistant City Manager President
Date.- /1 Date: e!Z
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jw
APPROVAL RECOMMENDED.,
fi
By:
S. Frank,Crumb, RE
Director, Water
APPROVED AS TO F .*.
Reguired
lng%j liqlao JAI Di Krc- I
Lwr%0%4Z$1VA%JF V V it
Assistant City Attorney M&C Datel: N/A
ATTEST
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City of Fort Worth,Texas
Standard Agreementfor Professional Services
PMO Officia,l Release Date:1/2812013 OFFICIAL RECORD,
Page,8 of 8 CITY SECRETAW
no WORTH9 TX
P a
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Vic Weir Consulting,
M
r.,. .. 1407 Texas Street,Suite 102.
VICWEIRICONSUI.."FING Fort Worth,Texa5 76102
www.vicweirconsulting.com
November 20,2013
Mir,Andy Cron berg
City of Fort Worth Water Department
1000 Throckmorton Street
Fort Forth,Texas 76102
Project, Conceptual Design of Cogeneration Gas System Improvements
Village Creek Wastewater Treatment plant
Dear M ri. Cronher
Vic Weir Consulting, Inc. is propos,ing an hourly professional engineering services agreement
providing a maximum of 220,hours @ $225 per hour for a project total not to exceed$49,500. Monthly
progress reports will he provided along with apportioned Invoices for each of the tads. This agreement
is for the following,Scope of Work:
14 Landfill and digester gas delivery and regulation sollution.
Recently,since the new co-digestion gas system has been pout into operation a problem of
controlling a steady state delivery of both sources has developed. The Plant's new co-digestion
process has changed the amplitude of digester gas production on a daily and weekly basis. 'This
has caused an upset in the delivery of landfill gas,which In turn has violated Renolva,r,the landfill
gas supphers,air,plerrnit. Thy Plant has entered Into a contract with Renovar to purchase a
minimum of 24,000 mmbtus of landfill gas per month. N
The,goal for this ta,sl is to engineer and cost out a solution that will even out the flower of both
sources while at the same time,,allows the l'ant to maximize the use of digester gas while
maintaining a steady state flow of landfill gas.,Landfill l and digester gas delivery and regulation
solution: 55 hours x$225 per hour=$12,375. Report/Recommendation Letter shall he
delivered ninety 90 days from date of authorization to proceed�.
If approved to go forward,a separate design contract will be required to develop detailed
construction plans and specifications for obtaining competitive bids.
2 Digester gas compressors and dryers equipment replacement options.
The scope for this task is to evaluate and cost out replacement of three(3)digester gas
compressors and two 2 digester gas dryers. This equipment is located in a free standing
building among the 14 digesters,and compresses,dehydrates,and cleans,the digester gas that
is used to fuel the turbine/generators and steams generator. Digester gas is collected between 3
and 1,0 inches water column pressure,compressed to 65 prig,dried)to remove moisture and
c,lea�neld to remove other contaminants.
Attachment A
Page 2
The three compressors and one gas dryer,have been operating,since 1997-the other gas dryer
since 19913. It has been reported that these three compressors are the only ones In the world
that are still in use. Obviously,spare parts have become scarce,,
The goal of this task is to evaluate and cost out equipment options including installation costs.
Digester gas compressors and dryers equipment replacement options: 55 hours x$225 per hour
=$12,3 "'5. Report/'Relcommen'diation Lettershall be delivered one hundred-twenty(120)days
from date of authorization to proceed.
If approved,to go forward,a separate design contract will be required to develop detailed
construction plans and specifications for obtaining competitive bids.
3,. Turbine/generator compressor skid.
There:are two(2)turbine/generators that share one deal gas compressor skid. Any combination
of digester, landfill and/or natural gas is delivered to the skid at 50-65 psilg,compressed to 235
psi and delivered to the active turbine/generator. Heretofore,the second turbine/generator
has been on stand-by. In order to run both generators to provide all of the,Plant's electrical
power needs and export the excess power into Oncor's electricals rid,a second compressor skid
must be added.
The scope of work for this task Is to evaluate and cost out a custom designed built compressor
skid that matches the existing skid:,and to evaluate changing out and up-sizing,the two(2,),
compressors on the existing skid.,
In addition, installation costs need to be developed. Besides,Installing the new unit adjacent to
the existing on+e,connecting the new compressor electrical power into the existing,motor
control center needs to be evaluated.
Develop a total Installed cost budget for the scope of'work detailed above'. 110 hours x$225
per hour~$24,x"50. Report and Recommendation Letter shall be delivered one hundred(120)
days from date of,authorization to proceed.
If approved to go forward,a separate design contract will be required to develop detailed
construction,plans and specifications for obtaining competitive bids.
Your consideration of this proposal is greatly appreciated.
Very tr ly yours, -am
Victor A.Weir 11,P.E.
President
Cc: Ms.Madelene Rafalko,P.E.
Attachment A