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HomeMy WebLinkAboutContract 40955STAI m` ( SECRETAM/ CONTRACT ! CITY OF FORT WORTH, TE)(AS TRIANSP RTATION AND PUBLIC WORKS DEPARTMENT OF TFxas � THIS AGRFJMEN r , entered into theqk\N day of thoNactil) 20 L , by and between the CITY OF FONT WORTH, a municipal corporation of Tarrant, Jenton, Parker, and Wise Counties, Texas, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter called the "City", and Summit Consultants, Inc., an independent contractor, acting by and through Garrett S. Brown, P. E., its duly authorized Principal, hereinafter called "Engineer," for the upgrade of the chiller and control system at the Convention Center in Fort Worth, Texas. YVITNESSIT T Imo° That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SH \'IChS The scope of services is for the upgrade of the chiller and control system at the Convention Center in Fort Worth, Texas as set forth in Attachment "A." ARTICLE II CITY'S OBLIGATIONS AND COMPHNSATION Section 1. City shall make available to Engineer in the performance of the Agreement, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to Engineer by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay Engineer as set forth in the Summit Consultants, Inc. letter dated September 29, 2010, subject: Fort Worth Convention Center l-ngineering Services for Chiller Replacement and Control System Upgrades, attached hereto, as Attachment "A", and incorporated herein for all purposes incident to this Agreement. In no event shall the total Agreement price paid by the City for all services performed hereunder exceed the sum of Twelve Thousand Five Hundred Dollars (S12,500.O0). Engineering Services (September 2010) Upgrade Chiller and Control System -at FWCC 1 0-• OFFICIAL RECORD CITY SECRETARY IF1: WORTH! TX Page 1 of 7 ARTICLE III TERM This Agreement shall be for a term of twelve (12) months, beginning upon the date of its execution. ARTICLE IV INDEPENDENT CONTRACTOR Engineer shall operate hereunder as an independent contractor, and not as an officer, agent servant, or employee of the City Engineer shall have exclusive control of and the exclusive right to control the details of the 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 Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Engineer. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. The standard of care applicable to Engineers services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed Engineer 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 Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other engineering services performed hereunder. Section 2 Engineer shall indemnify, hold harmless and defend the City and all of its officers agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury including death to any and all persons of whatsoever kind or character, including but not limited to employees of Engineer, employees of subcontractors, and all other persons performing work incident to this Agreement to the extent said claims and suits rise out of or are connected with directly or indirectly. Engineering Services (September 2010) Page 2 of 7 Upgrade Chiller and Control System at FWCC Engineer shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Engineer, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Section 1. Engineer shall not commence work under this Agreement until it has obtained all insurance required under this Article VI and the City has approved such insurance, nor shall Engineer 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 $2,000,000 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 Professional Liability $1,000,000 each claim $2,000,000 annual aggregate Section 2 Additional Insurance Requirements a. Except for employer's liability insurance coverage under Engineer's worker's compensation insurance policy and professional liability insurance, the City, its officers, employees and servants shall be endorsed as an additional insured on Engineer's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, ATTN: Architectural Services, 401 West 13th Street, Fort Worth, TX 76102, prior to commencement of work. Engineering Services (September 2010) Page 3 of 7 Upgrade Chiller and Control System at FWCC c. The City shall be provided with a minimum of 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. d. 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. e. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. 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 Engineer'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. i. In the course of the Agreement, Engineer 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. ARTICLE VII TRANSFER OR ASSIGNMENT City and Engineer each bind themselves, and their respective successor and assigns, to this Agreement. Engineer, its successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Engineering Services (September 2010) Page 4 of 7 Upgrade Chiller and Control System at FWCC ARTICLE VIII TERMINATION OF CONTRACT S ection 1. City may terminate this Agreement at any time for any cause, by n otice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all o rders or the entering into contracts for supplies, assistance facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. S ection 2 If City chooses to terminate this Agreement under Article VIII, S ection 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and S ervices (Attachment "A"). S ection 3. All reports, whether partial or complete, prepared under this Agreement, including the original drawings, whether furnished by the City, its officers, agents, employees, consultants engineers, or contractors, or prepared by Engineer, 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. Reports of Work product prepared by Engineer will not be used by the City for project sites other than those for which they were prepared by Engineer. ARTICLE IX RIGHT TO AUDIT (a) Engineer 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 Engineer involving transactions relating to this Agreement. Engineer 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. City shall give Engineer reasonable advance notice of intended audits. (b) Engineer 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 subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided Engineering Services (September 2010) Page 5 of 7 Upgrade Chiller and Control System at FWCC adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Article IX. City shall give Engineer and any subconsultant reasonable advance notice of intended audit. (c) Engineer and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Engineer for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE X MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE) PARTICIPATION As this Agreement is below the threshold of the M/WBE Ordinance, Article X is not applicable in this Agreement. ARTICLE XI OBSERVE AND COMPLY Engineer shall at all times observe and comply with all federal and State 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 Engineer 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 itselfor its employees. ARTICLE XIII GOVERNING LAW, VENUE & 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. xxxxxxxxxxxx The remainder of this page is intentionally left blank xxxxxxxxxxxx Engineering Services (September 2010) Page 6 of 7 Upgrade Chiller and Control System at FWCC IN WITNESS THERE F the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. f-xecuted this the `* day of c)It.,\:..A) 2010. SUMMIT CONSUL_ ANTS, INC atett S Brown, PE Principal APPROVAL RECOMMENDED: 6re William ' . Ver4<e Transportation PE, Director Public Works Dept. AP PR ED AS TO FORM &'LEGALITY: By: /1/fr Cheryl K. Byles Assistant City Attorney Engineering Services (September 2010) Upgrade Chiller and Control System at FWCC APPROVED: By: ernan• • osta sir Assistant City Manage RECORDED: By: Marty Hendri City Secretary M&C Not Required Contract Authorization 0'cic ,cif 0 co u cPA 0 c), 000000�0 0° /'-y .5.44.<9 gi)4- -4%1a %Jo t) tom, OFFICIAL RECORD CITY SECRETARY Ft W�rtrpi, iX Page 7 of 7 Alurp M " " CONSULTANTS , I N C . September 29, 2010 Mr. James D. Horner Fort Worth Convention Center 1201 Houston Street Fort Worth Texas 76102 Re: Fort Worth Convention Center — Engineering Services for Chiller Replacement and Control System Upgrades. Mr. Horner: Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the provision of mechanical, electrical, plumbing, and structural engineering services for the referenced project. BASIC SERVICES: Summit will provide construction documents and specifications for the replacement of the existing chiller CH-1 (1000 Ton) and existing chiller CH-3 (650 Ton) currently installed in the central plant Two new 1000 Ton chillers will be installed. Chiller CH-3 will require new chilled water and condenser water pumps. New piping will be designed for CH-3 to accommodate higher flow rates. Services will also include the removal from service and demo of two existing DX rooftop chillers. Services will include control system upgrades required for automation and monitoring of the central plant equipment upgrades. Summit will provide construction documents and specifications for the addition of piping and valving required for a temporary chiller connection. The temporary chiller connection will be for use in connecting a rental chiller as a back up in the event of a failed primary chiller. Summit will evaluate the current operating condition of the Annex air handlers. Summit will provide a report with recommendations for repair or replacement as warranted. Consulting engineering services and deliverables will include: • • • • • • Review of all existing mechanical, electrical, and structural conditions. Study of options for best efficiency and best value for the chiller plant upgrade. Design for removal of the DX rooftop chillers and related pumps and accessories. Design of controls systems upgrades. Preparation of construction budget estimates. Preparation of construction documents and specifications • Support the bidding and contractor selection process Mr James D. Horner 9/29/2010 Page 2 ® Provide construction administration during construction. Summit Consultants, Inc. will be paid the following stipulated sums COMPENSATION FOR ENGINEERING SERVICES: PHASE AMT. DUE Basic Services $12,500.00 Summit Consultants has assigned approximately $2,500.00 of the $12,500.00 total fee to Solare Engineering Unlimited for subcontracted work. Solare Engineering Unlimited will provide electrical engineering sei vices. Solare Engineering Unlimited is an MWBE/HUB registered firm Statements for services will be submitted monthly and will be due upon receipt. FORM OF CONTRACT: If this proposal meets with your approval, please sign where indicated and return an executed copy for our files or issue a Purchase Order with the terms of this proposal included.. We deeply appreciate this opportunity to be of service and look forward to working with you on this project. Sincerely, Accepted: Summit Consultants, Inc Fort Worth Convention Center Garrett S. Brown, P.E. Principal James D. Horner Assistant Facilities and Public Events Director Date: