HomeMy WebLinkAboutContract 43315 (2)CITY SECRETARY
CITY OF FORT WORTH, TEXAS CONTRACT NO.
STANDARD AGREEMENT R 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: Construction Services for Security
Projects at Westside and Rolling Hills Water Treatment Plants.
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 Rolling Hills Water Treatment Plant, Lake
Worth Spillway, and Westside Water Treatment Plant Alert Notification and Security
Improvements.
(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 $ 176,390 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.
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 11/29/2011
Page 1 of 8
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
06-14-12 A09:29 IN
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12
months 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 doctnne 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 infnngement 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: 11/29/2011
Page 2 of 8
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 Water Department, Attention:
Paul Bounds, 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 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: 11/29/2011
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 wnting any alternative
coverage.
9.
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.
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.
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: 11/29/2011
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 nght 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: 11/29/2011
Page 5 of 8
Article X
Minority and Women Business Enterprise (M/WBE) 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/VVBE 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 Distract 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 Fort Worth Texas
Standard Agreement for Professional Services
PMO Official Release Date: 11/29/2011
Page 6 of 8
Article XIV
S everability
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
N otices
N otices 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: Fort Worth Water Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Consultant:
CP&Y, Inc.
Attn: Michael F Graves PE
115 West 7th Street, Suite 1500
Fort Worth, TX 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 Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 11/29/2011
Page 7 of 8
Article XVII
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 �.•� h�� 1 �, of. T , 20 J t!
„co CITY OF FORT WORTH
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APPROVED AS TO FORM AND LEGALITY APPROVAL RECOMMENDED
ATTEST:
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City Secretary
By: PCit
Do gig W Black
Assistant City Attorney
M&C No.: % ` 2 cr(3 6
MC Date:
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 11/29/2011
Page 8 of 8
By: 1
esessebess4
Fernando Costa
Assistant City Manager
f\itiori\
S. Frank Crumb, PE
Director, Water Dept>
CP&Y, Inc.
/ (1/1 Ci;
By:
Michael F. Graves, PE
Vice President
OFFICIAL RECORD 1
CITY SECRETARY
I FT. WORTH, TX
r j
Attachment A
Scope of Services
A. BASIC SERVICES TASK ITEMS
P roject Description
The work described in this project generally refers to the following construction phase
engineering activities for security projects at the Rolling Hills Water Treatment Plant (RHWTP),
and the Westside Water Treatment Plant (WSWTP).
S COPE OF SERVICES
P roject Tasks
As part of the professional services required for this project, the Engineer will perform the
following tasks:
Task 1. Construction Phase Services
1. Engineer will provide construction phase services for Security Improvements at the
RHWTP and WSWTP Construction phase services for this site are based on a
construction schedule of twelve (12) months.
2. Services provided by the Engineer are described in the following sections.
1.1 General Activities
1. General activities will consist of the following for this site:
a. Pre -Construction Meeting - Engineer will attend one (1) project pre -construction
meeting and prepare meeting minutes City will schedule and coordinate the
meetings.
b. Periodic Project Meetings - Engineer will attend fourteen (24) bimonthly progress
meetings with representatives from the City City will schedule and coordinate the
meetings.
c. Review Contractor Pay Requests — Engineer will review Contractor Pay
Requests and make recommendations to the City
d. Shop Drawing Review - Engineer will receive and keep on file, twenty-five (25)
contractor submittals. Engineer will coordinate and make recommendations to
the City, when appropriate, concerning field observations that could impact the
disposition of the shop drawing. City will review shop drawings and provide
written comments for CP&Y to include in comments to contractor.
e. Requests for Information — Engineer will review and respond to a maximum of
twenty five (25) RFIs.
Attachment A
Page - 1 June 4, 2012
f. Document Management — Engineer will maintain paper copies of project
documents that Engineer originated or reviewed No project web site is included
for this task.
g.
Provide sketches necessary for adding basic alert notification equipment at other
facilities.
h. Engineer will work with City staff to develop the following communication aids.
(i) Small posters to be installed in each building at the RHWTP with a brief
discussion of the alarms.
(ii) Letter size brochures, to be handed out by the guards at the RHWTP,
which highlight the City's alert notification practices at the facility.
1.2 Construction Observations
1. Construction observations will consist of activities related to the observation of
construction progress. These activities will be performed by the Engineer to assist
Owner in determining that construction is proceeding in accordance with the plans and
specifications. Construction observation will be on a part-time basis, involving a pre-
determined number of site trips, with observation occurring during specific construction
phases or after specific portions of the work are complete. Construction observations
will include the following activities:
a. Below Grade Conduit Installation: Engineer will observe underground conduit
installation. Twelve (12) trips
b. Camera and Component Installation Engineer will observe installation of
cameras and main components of the system. Twelve (12) trips.
1.3 Start-up Testing, Final Inspection, As -Built Review
This subtask will consist of activities related to the facility start-up testing, inspection, and
review. The Engineer will observe equipment and instrumentation testing. A substantial
completion inspection will be conducted and the Engineer will generate a punch -list of
items to be addressed or completed. The Engineer will witness the Contractor's facility
demonstration and conduct a final inspection. Subtask activities will include the
following:
a. Start Up Testing - Engineer will witness testing of equipment, instrumentation,
and controls. Six (6) trips.
b. Substantial Completion Inspection - Engineer will perform a full facility inspection
after the Contractor declares the facility is Substantially Complete Engineer will
develop a punch list of items for the Contractor to address, based on the
substantial completion inspection Three (3) trips.
Punch List Inspection — Prior to the facility demonstration, Engineer will visit each
site to verify punch list items are complete and prepare a status report on the
punch list items Three (3) tnps.
Attachment A
Page - 2 June 4, 2012
d. Facility Demonstration and Final Inspection - Engineer will attend the
Contractor's facility demonstration and conduct a final inspection of the facility.
Engineer will update the punch list items based on the final inspection. Three (3)
trips.
e. As -Built Drawings - Engineer will develop as -built drawings based on information
supplied by the contractor and recorded during field observations.
3.4 Supplemental Services
1. Any services not defined above shall be considered Supplemental Services.
Supplemental Services shall include, but not be limited to the following:
a. Additional services beyond the specific number stipulated.
b. Services required beyond the anticipated twelve (12) month project schedule
from the Contractor's Notice to Proceed until Final Inspection.
c. Other services requested by the Owner.
Attachment A
Page - 3 June 4, 2012
Attachment B
COMPENSATION
1. CP&Y will provide services related to the Rolling Hills Water Treatment Plant and the
Lake Worth Dam for an additional lump sum fee of $176,390.
Engineer's compensation for the project will be in accordance with the following
schedule.
Task Fee
Subconsultants/MWBE $30,100
10% Markup on Subconsultants $3,010
Engineering Construction Phase Services $93,190
Construction Observation $50,090
Total Contract Amount $176,390
2. MWWBE Participation for the project is provided by the following:
Gupta and Associates $25,300
DFW Publishing - Graphic design and $4,800
brochures
MWWBE Participation 17%
Attachment B
Page - 1 June 4, 2012
M&C Review Page 1 of 2
DATE:
COUNCIL ACTION: Approved on 6/5/2012
6/5/2012 REFERENCE
NOr
■ :
CODE: C
TYPE:
Official site of the City of Fort Worth, Texas
FORT WoRTI 1
**C-25636 LOG NAME: 6OCP&YCONSTMGMT
CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Construction Management Contract with CP&Y, Inc., in the Amount of
$176,390.00, for the Installation of Security and Alert Notification Improvements at the
Rolling Hills and Westside Water Treatment Plants and the Lake Worth Dam (COUNCIL
DISTRICTS 7 and 8)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a construction
management contract with CP&Y, Inc., in the amount of $176,390.00, for construction management
service associated with the installation of security and alert notification improvements at the Rolling
Hills and Westside Water Treatment Plants and the Lake Worth Dam.
DISCUSSION:
On April 12, 2011, (M&C C-24865) the City Council awarded Schneider Electric, Inc., a construction
contract which includes the installation of conduit and fiber optic cable, a closed circuit TV system,
card access at key buildings, an intelligent video management system at the Westside Water
Treatment Plant, and an alert notification system at Rolling Hills. The construction contract for
security improvements at the Lake Worth Dam will be installed at a future date as part of Phase 1 of
the Lake Worth Linear Park Project.
Under the proposed construction management contract, CP&Y, Inc., will provide construction
management services to include conducting various meetings with the contractor, review of pay
requests, review of shop drawings, processing requests for information, document management
construction observations, start up testing final inspection and as built review for an amount not to
exceed $176,390.00.
CF&Y, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17 percent M/WBE
participation. The City's goal on this project is 17 percent.
This project is located in COUNCIL DISTRICTS 7 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current budget,
as appropriated, of the Water Capital Project Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
P265 531200 601510049630 $176,390.00
Submitted for City Manager's Office bv: Fernando Costa (6122)
http://apps.cfwnet.org/council_packet/mc review.asp?ID 16680&councildate 6/5/2012 6/6/2012
M&C Review Page 2 of 2
Originaiinq Department dead: S. Frank Crumb (8207)
Additional Information Contact: Paul Bounds (8567)
ATTACHMENTS
6OCP&YCONSTMVIGMT LakeWorthDam.pdf
60CP&YCONSTMGMi Iolli��►I=lills.pdf
60CP&YCGNS I MGMT Westside.odf
http://apps.cfwnet.org/council_packet/mc_review. asp?ID=16680&councildate=6/5/2012 6/6/2012