HomeMy WebLinkAboutContract 43560 (2)CITY SECRETARY
CITYOF FORT WORTH, TEXAS CONTRACTCONTRACT NOE.ier
STAND ` ll + AGREEMENT O P '. �i� •r 1
L SERVICES
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This AGREEMENT is between the City. of Fort Worth, a Texas home -rule municipality
(the "CITY"), and CP&Y, lnc, authorized to do business in Texas, an independent contractor
("Consultant"), for a PROJEQ7 genera ly described as: Primary C arifier Process Evaluation
for the Village Creek Water Reclai nation 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 connectior w Primary ary Clarifier Process Evaluation for the
Village Creec Water �^keclaimation Fad
Additional ser Ices, iu ary, will be requested k writing by the City. City shad at pay
for any work performed by Consultant or its subconsultants, suocontractors and/or
suppliers that has not been ordered it writing. It is soecificaf ly agreed that
Co esultart shall not be compensa:ed for any alleged adC it ion a l work resu tirr1g; from
oral orders of any person.
Campers Horn
Caisulta iat shall
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be compersatod in accordance
Payment shade considered fall compensation for a
..; poles, and ecluupme rt necessary to complete the services
owever the total fee paid by the City steal not exceed a total of $23,080 un
and the Consul Lan': mutua y agree upon a fee amount for additional services
this Agreement according y.
WMtn the
ee Schedule shown in
I labor, mater0a
s,
described an Attachment (LAn
ess the City
and amens
The Consudtant snail provide monthly invoices to the ,CIty. Payment for services rendered
shall be due within flirty (30) days o.: the uncontested performance of the particular
services so ordered end receipt by Pity o% Consultant's invoice for payment of same.
Acceptance by Consultant of sal ► pa3 rrent shah operate as and steal release he City from
ad Claims or liabilities under this Agreement for anything related to, done, or furnisrned in
correction with the services for which payment is made, inc tiding arty act or omission of
the City in connection with such services.
City of Fort VVorth, Texas
Standard Agreement for Professional Services
PMO Official Release Date- 05/04/2012
Page 1 of 8
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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09--0-, 12 A10:0.3 IN
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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 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 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: 05/04/2012
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.
1. 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. Consultants liability shall not be limited to the specified amounts of insurance
required herein.
I. 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
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/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 Fort Worth Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
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:
CP&Y, Inc.
Attn: Michael F. Graves PE
115 West 7th Street, Ste 1500
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 Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 7of8
Article )CVBII
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:
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date' ii4At
APPROVAL RECOMMENDED:
i
By :
S. Frank Crumb, PE
Director, Water Department
APPROVED AS TO FORM AND LEGALITY
B
b'ouglas W. Black
Assistant City Attorney
ATTEST:
Mary J. Kse
City Secretary
City of Fort Worth, Texas
Standard Agreement for Professional Services
PMO Official Release Date: 05/04/2012
Page 8 of 8
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ENGINEER
CP&Y, Inc.
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Michael F. Graves, PE
Vice President
Date:
M&C Date.
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ATTACHMENT A
SCOPE OF SERVICES
City Secretary Contract No.
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-CEPTTM) 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 1 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 II 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 1 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
11-2 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
III-2 Tests
III-3 Data Analysis
III-4 Desk -Top Evaluation
III-5 Workshop for Results from Pilot Test
The work descnbed 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 1 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 6 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
3. 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 11-1 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 II-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 w/ polymer
v. Ferric sulfate w/ magnesium hydroxide
vi. Alum w/ magnesium hydroxide
vii. Ferric sulfate w/ hydrogen peroxide
viii. Alum w/ 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 111-1 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.
6 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.
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 June 21, 2012
Task III-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 III-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 III-4 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 III-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.
3. 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 I: Completion of sampling and data analysis within four (4) weeks
Task II: 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 II 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 II.
Contract No.
Page - 6 June 21, 2012
ATTACHMENT'S " 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.
Task
No.
1
TABLE .J ENGINEERING
Task Description
Primary Clarifier
Performance Testing
II Bench -Scale Jar Tests
AS1 Chemicals
Task
No.
III
;E BREAKDOWN FOR BASIC SERVICES
Engineering Fees Anticipated Schedule
TABLE 2 ENGINEERING FEE BREAKD
Task Description
Full- or Model -Scale
Test
4,520
$17,360
$1,200
Four weeks for testing and
summary.
Four weeks for testing and
summary.
May be reimbursable to City
Wf!!N FOR OPTIONAL SERVICI€S
Engineering Fees
$26,900
Anticipated Schedule
Six weeks for Piloting and
Summary.
Contract No. Page - 7
June 21, 2012