HomeMy WebLinkAboutContract 35829�IiY SECf�EiA�� �'
CONTRACT p�p ,
AGREEMENT FOR PROFESSfONAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into between THE CITY OF
FORT WORTH, a home rule municipal corporation of the State of Texas ("City"), acting
by and through Dale A. Fissefer, its duly authorized Assistant Gity Manager, and SCDP,
INC, a corporation ("Consuitant").
RECITALS
WHEREAS, Cansultant provides professional management services;
WHEREAS, City is in need of professional management services to assist City in
providing assistance to small construction firms seeking participation in city construction
contracts; and
WHEREAS, City and Consultant desire to enter info a contract ta have suct�
services provided which benefit Ciiy.
NOW, THEREFORE, in consideration of the mutual covenants herein expressed,
the parties agree as follows:
AGREEMENT
1. Services. Consultant covenants and agrees to fully perform, ar cause to be
pertormed, with good faith and due diligence, all objectives described in Exhibit "A",
attached and incorporated herein for afl purposes incident to this Agreement
("Services").
2. Term. Services shall be provided by Consultant for a term beginning August 1, 2007
and ending on September 30, 2007, with an opfion to renew #or two one-year periods,
subject to perFormance and funding.
3. Fee. !n considera#ion af the Services to be performed hereuncfer by Consultant, City
promises and agrees ta pay Consultant an amount not to exceed Fifty-three Thousand
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Three Hundred Thir[y-two Dollars and Thirty-two cents ($53,333.32) ("Fee"). The Fee
shall be compensation for all Senrices. Payment from City to Consultant shall be made
on an invoice basis following receipt by City from Consultant of a signed invoice. The
invoice shail be submitted to City no later than the 15t" day following the end of the
month.
In the event of renewal pursuant to the option to renew, City promises and
agrees to pay Consultant an amount not to exceed Three Hundred Twenty Thousand
Dollars ($320,000) per year commencing �ctober 1, 2Q07, subject to perFormance and
funding.
4. Termination. Either parly may cancel this Agreemenf at any time and for any
reason by providing the other party with thirty days written notice of termination. In the
event this Agreement is terminated prior to expiration of the Term, City shall pay
Consultant only for Services actually rendered as of the effective date af termination,
5. Inde endent Contractor. Consultant shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of City. Consultartt shal!
have exclusive control of and fhe exclusive right to control the details of the Services
performed hereunder, and all persons perForming same, and shall be solely responsible
for the acts and omissions af its officers, agents, servants, employees, subcontractors
and program participants. The doctrine of respondeat superior shall not apply as
between the City and Consultant, its officers, agents, servants, employees,
subcontractors, or program participants, and nothing herein shall be construed as
creating a partnership or joint enterprise befween City and Consultant. It is expressly
understood and agreed that no officer, agent, employee, ar subcontrac#or of Consultant
is in the paid service of Ci#y.
6. Indemnification.
C4NSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS 4FF[CERS,
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AGENTS, SERVANTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE ANDIOR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER K1ND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTI�N, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPER�ORMANCE OF THIS AGREEMENT AND/OR THE
OPERATIONS, ACTIVfTIES AND SERVICES DESCRIBED HEREIN, WHETHER UR
NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, C4NTRACTORS, OR
SUBC4NTRACTORS OF CITY; AND C4NSUL.TANT HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF C1TY AND ITS OFFIGERS, AGENTS,
SERVANTS, AND EMPLOYEES FOR ANY AND A�L CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH,
TO ANY AND ALL PERSONS, OF WHATS�EVER KINDS OR CHARACTER,
WHETHER REAL OR ASSERTE�, ARISING OUT OF OR IN C4NNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NOfV-
PERF(�RMANCE O� THIS AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES
AND SERVICES DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR
IN PART, BY ALLEGED NEGL.IGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONSULTANT
LfKE1lVISE COVENANTS AND AGREES TO AND D4ES HEREBY INDEMNIFY AND
H�LD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR
DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR lN CONNECTION
W1TH ALL ACTS OR OMISSIONS �F 1TS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, SUBCONTRACT�RS, INVITEES, LICENSEES, OR PROGRAM
PARTIClPANTS, WHETHER OR NOT CAUSE�, IN WHC)LE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTURS OR SUBCONTRACTORS OF CITY.
CONSULTANT AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
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SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE
UNDER 7HIS AGREEMENT, EVEN lF THE 1NJURY, DEATM, DAMAGE OR LOSS
IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGL[GENCE.
Consuftant shafl require all of its subcontractors to include in their subcontracts a
release and indemnity in favor of City in substantially the same form as above.
This Sectian 6 shall survive the expiration or termination af this Agreement.
7. Insurance.
During the term of this Agreement, Consultant shall procure and maintain a# all times,
in full force and effect, a policy or pol[cies of insurance that provide the specific
coverage set forth in this Section 7 as wefl as any and all other public risics refated to
Consultant's perFormance of its obligations under this Agreement. Consultant shall
specifically obtain the following types of insurance a# the following limits:
. Commercial General Liability:
$1,000,000 aggregate; providing blanket contractual liability insurance
products and completed operations; independent confractor's liability; and
coverage for property damage to City facilities; and
• Automobile Liabifit :
$500,OQ0 per occurrence or accident; including, �ut not iimited #o, all vehicies,
whether owned or hired, in use by Consultant, its employees, agents or
subcontractors; and
• Worker's CompensationlEmplover's Liabilitv:
Worker's compensation coverage as required by applicable law, and
Employer's Liabiliiy at $100,OOa per accident; provided, however, that
Consultant may sign a Worker's Compensa#ion Waiver, in the form attached
hereto as Exhibit "B", so iong as Consultant does not have any employees,
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Consultant shall promptly provide the City w+th certificates of insurance that verify
Consultant's compliance with ihe insurance requirements of this Agreemen#. The City's
Risk Manager shall have the right to review and evaluate Consultant's insurance
coverage and to make reasonable requests or revisions pertaining to the types and
limits of that coverage. Consultant shafl comply with such requests or revisions as a
condition precedent to the effectiveness of this Agreement.
8. Assiqnment. Consultant shall not assign or subcontract aU or any part of its
rights, privileges or duties under this Agreement without the prior written consent of City,
and any attempted assignment of subcontract of same without such prior written
approva! shall be void and constitute a breach of this agreement.
9. Compliance with Law. Consultant, its officers, agents, employees and
subcontractors, shall abide by and comply with all laws, federal, siate and local,
including all ordinances, rules and regulations of City. It is agreed and understood that,
if City calls to the atten�ion of Consultant any such violation on the part of Consuftant or
any of its officers, agents, employees or subcontractors, fhen Consultant shall
immediatefy desist from and correct such violation.
10. Non-Discrimination. Consultant, in the execution, per#ormance or attempted
performance af fhis Agreement, will not discriminate against any person or persons
because of dlsability, a�e, familial status, sex, race, religion, color or national arigin, nor
will Consultant permit its officers, agents, employees, or subcontractors to engage in
such discrimination.
This Agreement is made and entered into with reference specifically to Chapter
'{ 7, Article I II, Division 3, of the City Code of fhe City of Fort Worth ("Discrimination in
Employment Practices"), and Consultant hereby covenants and agrees that Consultant,
'rts agents, employees and subcontractors have fully complied with all provisions of
same and that no empfayee or employee-applicant has been discriminated against by
either Consultant, its agents, employees or subcontractors,
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'I 1. Righi ta Audit. 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 af the Consultant
involving transactions relating to this Agreement. Consultant agrees that the City shall
have access during normal working hours to all necessary Consultant facilities and shafl
be provided adequate and appropriate workspace in order to conduct audits in
compliance wi#h the provisions of this section. The City shall give Consultant
reasonable advance notice of intended audits.
Consultant #urther agrees to include in all of its subcontractor agreements
hereunder a provision to the effect that the subcontractor agrees that the City shall, until
the expiration af three (3) years after final payment under the subcontract, have access
to and the righf to examine any directly pertinent books, documents, papers and records
of such subcontractor involving transactions to the subcontract, and further that City
shall have access during normal working hours to all subcontractor facilities and shal{
be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this paragraph. City shall give subcontractor
reasonable advance notice of intended audits.
This Section 11 shall survive the expiration ar termination of this
Agreement.
12. Fiscal Fundinq. In ihe event no funds or insufficient funds are appropriated by
the Gity in any fiscaf period for any payments hereunder, City will notify Cansultant of
such occurrence and this Agreement shali terminate on the last day of the fiscal period
for which appropriations were received without pena(ty or expense to City of any Kind
whaisoever, except as to #he partions of the payments herein agreed upon for which
funds shall have been appropriated,
�
13. Entire Aqresment. This writtsn instrument constitutes the entire agreement by
the parties hereto conceming the work anci services to be performed hereunder, and
any prior or contemporaneous, oral or written agreement, which purparts to vary from
the terms hereof shall be void.
14. Venue and Jurisdictian. Should any action, whether real or asserted, at law or in
equity, arise out of the execution, perFormance, attempted performance of this
Agreement, venue for said action shall lie in Tarrant County, Texas.
15. Notices. Notices to be provided hereunder shall be sufficient if forwardad to
fhe other party by hand-delivery or via U.S. Postal Service certified mail, postage
prepaid, io the address of the other parfy shown below:
Dale A. �isseler, Assistant City Manager
Cify of Fort Worth
9 000 Thrackmorton St.
Fort Worth, Texas 76102
K. Aubrey Hope, Consultant
SCDP, INC.
1150 South Freeway, Suite 144
Fort Worth, Texas 761 Q4
16. Non-Waiver. The failure of City or Consultant to insist upon the
performance of any term vr provision of this Agreement or to exercise any right herein
canferred shall not be construed as a waiver or relinquishment to any extent of City's or
District's right io assert or rely upon any such term or right on any future occasion.
17. Disclosure of Canflicts. Consultani hereby warrants io the City that Consultant
has made full disclosure in writing of any existing or potential conflicts of interest re{ated
to Consultant's services and prapased services with respect to the Project. In the event
that any conflicts of interesi arise after the Effective Date of this Agreement, Consul#ant
hereby agrees immediately to make full disclosure to the City in writing.
The City acknowledges thaf Consultant may use products, materials or
methodologies proprietary ta Consultant. The City agrees that Consultant's provision of
services under this Agreement shall not be grounds for the City to have or obtain any
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rights in such proprietary products, materials or methodologies unless the parties have
executed a separate written agreemen# with respect thereto. Notwithstanding the
faregoing, Consultant understands and agrees that the City is subject to various public
information laws and regulations, including, but not limited to, the Texas Open Records
Act. Consultant, for itself and its officers, agents and emplayees, further agrees that ii
shall treat all informaiion provided to it by the City as con�dential and shall not disclose
any such informatian to any third party without the prior written approval of the City.
18. Severabili� If any pravision of this Agreement is held to be inva{id, illegal or
unenforceable, the validity, legatity and enforceabiliiy of the remaining provisions shall
not in any way be affected or impaired.
19. Force Ma�eure. The City and Consultant shall exercise their best efforts to meet
their respective duties and obligations as set forth in this Agreement, but shall nat be
held liable for any delay or omission in performance due to force majeure or other
causes beyond their reasonable controf, including, but not limited to, compliance with
any government law, ordinance or regulation, acts of God, acts of omission, fires,
strikes, lockouts, national disasters, wars, riots, material . or labor resirictions by any
governmental aufhority, transportation problems and/or any other similar causes.
20. Headin�ot Controllinq. Headings and titles used in this Agreement are far
reference purposes only and shall noi be deemed a part of this Agreemeni.
IN WITNESS WHEREOF, ihe parties hereto have executed this agreement in muitiples
in Fort Warth, Tarrant County, Texas, to be effecfive as of August 1, 2007.
CiTY OF FORT W�RTH
Marty Hendrix
City Secretary
..6a � � ��
Cor,trac�i �u�k���z.z��.�9b�—
`_ .� -r � - ��_�_.___ -,
C�:A�E�
Assistant City Manager
�;,
APPROVED AS TO FORM AND LEGALITY:
�/'�CC' � �-<: L <-.-
Assistant City Attorney
Date:
C4NSULTANT
K. Aubrey Hope
SCDP, Inc.
CATIiEY MAAIE �(�gNES
MY COMMISSIuIV E���'I(?cS
November 24, 2(mF
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, ihe undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared K. Aubrey Hope, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of SCDP, Inc. and that he executed the same for the purpose and
consideration therein expressed and in the capacify therein stated.
GlVEN UNDER MY HAND AND SEAL OF OFFICE this ����day ofi
��` ' ��d�l���:?� , A.D. 2007. 1�
Y P"' IE KAANES I. ���i „
;��'+ �;; CATHEYMAA ,� ,
'* :"- MY COMMISSION EXPIRES
:�;�;a= November24,2008
"'' �3,v�; ���.
Notary Public in and far
the State of Texas
STATE OF TEXAS §
COUNTY �F TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Dale A. Fisseler, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of the City of Fort Worth for #he �urpose and consideration therein
expressed and in the capacity therein stated.
GiVEN UNDER MY HAND AND SEAL OF OFFICE this ��day of
� � �k��` , A. D. 2007,
��:t� " ,
ANA �. �RISENO , / I�
� Nolary Pu61ic, State oi Tezas
•''�''° �a� +;o nz �;�5 Notary Public in and for
the State of Texas
zo
EXHIBIT "A"
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Aitachment A
SCOpE OF SERVICES
1.0 PURPOSE
The City of Fort Worth invites submittals form qualified firms to provide professional
xaaanagement services to adzz�ainister a small development program, which will provide
assistance to sz�all construction firms seeking pariicxpation in city constructing projects.
The goals of this prograan are as follows:
1.3 To increase the number and capability of smail construction cantractors, to
include bath prime and subcontractors.
1.2 To assist the ciry in achieving its overall minority and wornen business enterprise
goal, and
1.3 To review the procurement process, as it relates to construction to access any
barriers that may prohibit small contractor inclusion.
2.0 REQUIREZvIENTS
2.1 On-site Consiruction Managemen.t to provide technical assistance via field
monitoring and quality cantroi through a project's duration. The small contractor
will have access to in-house construction managers who will monitor the confiract
and pxoved expertise in all phases othex the consixuction process. Monitori�g to
include, but not limited to, work in process, compliance witk� City
requirements/codes and work scheduling.
2.2 A Surety Bond Pz�ograx�a, which will prepaz�e campanies for the bonding and
actually pzovide bonded to companies tla�rough at� ixx-house sUrety. Bonds will be
issued ai no expense or risk to the City. Firms failing to qualify will be provided
with a remedial plan that will:
2.2.1 Prepare them io resubmit a bond, and
2.2.2 To enter the program as a subcontractor
2.3 Contract Opportunity Linking System, vvhicb will help contractors ar�d
subcontractors �nd and pursue City coniracting opporfunities. The system will
identify contractars and subcontzactors ir� specific construction areas, axzd link
them to City contracting opportunities for which they may qualify.
2.4 Professional Marzagement Ser�vices for this pragram �vi11 include a11 aciivities
relating to the above mentioned program objectives, including, but not limited to
the following;
2.4.1 Provide izz-house underwriting authoriiy for sureiy bonds for prograzn contractors
and subcontractors;
2.4.2 Provide in-house recommendations for award of contracts based on the
confractors abzlity to perform project;
2.4.3 Provide mobil�zation funding for prograxn contractors and subcontractors
2.4.4 Provide a detailed assessment of contrac#ors' and subcontractors technical
competence, bonding capacity, and financial pro�le, including counseling on
areas needing innprovements;
2.4.5 Assist contractors and subcontracts with bidding, estxnaatit�g, scheduling and
other construction related activities;
2.4.6 Provide on-szte observation, consultation, and trouble-shooting services to
participatzn.g contractors and subcontractors;
2.4.7 Review contractors and snbconbractors safety contirol proceduxes and ma�rketang
recomuiendation as needed;
2.4.8 Maintain detailed records and providing periodic reports of aIl contractors and
subcontractors assessment at�d assistance activities;
2.4.9 Coordinate construction related training activities with existnzg resource
provider;
2.4.10 Work wifih all City Departments regarding schedule prajects, size of project and
related contracting opportunities;
2.4.11 Work with contractors, subcontractors az�d City inspectors to resolve wark related
�ssues;
2.4.12 Maintain a plan room where construction plax�s can be reviewed;
2.4.13 Develop relationships with applicable City Department to provide continual
feedback on progress of projects and performance of contractors; and
2.4.14 Review Cziy procureznent �rocedures as it relates to construction projects to
promote fair and equitable access by prograzm paxticipazxts
2.5 Sabmi�ssion should address a�I requested in�formation in order to be considered
res�onsive. The submission should also include proposed organization chart �ox
the Smalt Contractors Developmeni Program, including a nar.raiive descri�tion af
the duties of each position. Specifically identify the Project Manager. Program
staf!f should cover the range of technical, bonding axzd financial services offered.
Aftachmenf B
Measutemenfs
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12
Page 1 of �
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/17/2007
DATE: Tuesday, July 17, 2007
LOG NAME: 17SCDP08 REFERENCE NO.: *'�C-22247
SUBJECT:
Authorize Execution of a Contract with SCDP, Inc., to Provide a Small Contractors Development
Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into a contract with SCDP, Inc., to implement a Small Contractors
Development Program for the City of Fort Worth for an amount not to exceed $75,000 for the remainder of
fiscal year 06-07; and
2. Authorize the contract to begin upon its execution and expire the last day of fiscal year 06-07 with two
one-year options to renew, subject to performance and funding, at an amount not to exceed $320,000 per
year.
DISCUSSION:
On November 29, 2006, a Request for Proposal (RFP) was advertised per state requirements. Two firms
responded to the RFP. A selection committee comprised of two representatives from the Water Department
ranked the firms according to the firms written and oral presentation. The recommended firm ranked highest
in all relevant areas.
The renewal of this program will provide a venue for small contractors to receive greater access to
procurement opportunities and promote the expansion of their firms, thereby increasing their capacity. The
services to be provided will include bonding and bonding assistance, training and technical assistance, on-
site construction management, contractor job costing and contract monitoring.
The contract will be perFormance based and will include measurable and a monthly reporting process for
SCDP, Inc.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 9/25/2007
Submitted for City Manager's Office b�
Originating Department Head•
Additional Information Contact:
http ://www. cfwnet. org/c ouncil�acket/Reports/mc�rint. asp
GG01 539120 0905500 $75,000.00
Dale Fisseler (6140)
Tom Higgins (6192)
Thomas Jordan (8509)
Page 2 of 2
9/25/2007