Loading...
HomeMy WebLinkAboutContract 55520CSC No. 55520 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Plummer Associates, Inc. authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Nitrification and Solids Accumulation Study at Village Creek Water Reclamation Facility. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be perFormed in connection with Nitrification and Solids Accumulation Study at Village Creek Water Reclamation Facility. (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 an amount up to $30,000.00 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". 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. Article III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. Article IV City of Fort W orth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 1 of 8 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 the work to be perFormed hereunder and of 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 respondeat 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) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMN/FY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGA/NST ANY AND ALL CLA/MS, LAWSU/TS, ACTIONS, COSTS AND EXPENSES OF ANY K/ND, INCLUD/NG, BUT NOT L/M/TED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUD/NG ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUS/NESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL /NJURY, INCLUD/NG DEATH, THAT MAY RELATE TO, ARI�E OUT Ot� OR �E' OCCASION€D gY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROV/SIONS OF TH/S AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OM/SSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFF/CERS, AGENTS, ASSOC/ATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI� OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF TH/S AGREEMENT. TH/S SECTION SHALL SURV/VE ANY TERM/NAT/ON OR EXP/RATION OF TH/S AGREEMENT, 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. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 2 of S 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 (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 attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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. 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. City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 3 of 8 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. j. 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. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies requir�d 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) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperForming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II 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 City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 4 of 8 (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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a 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 commitment to MBE and SBE 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 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 City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 5 of 8 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 Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who perForms work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be perFormed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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 XIV 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. Article XV 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 City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 6 of 8 contained therein. Article XVI 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: Chris Harder, P. E. Water Department 200 Texas Street Fort Worth, Texas 76102 Consultant: Plummer Associates, Inc. Attn: Jeffrey E. Caffey 1320 S University Dr. #300 Fort Worth Texas 76107 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifie� that Consultant'� �ignature provide� written v�rification to th� City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A- Scope of Services City of Fort Worth, Texas Standard Agreement for Professional Services Revision Date: 11.07.17 Page 7 of 8 Aftachment B -� Gompensation Duly execufed by each party's designated representative to 6e effective on fhe date subscribed by the City's �esigr�ated Assistant Cify Mar�ager. . • •� ,� i ��..����-- � ii Dana Burghdoff Assistant Ci�y Manager ��t�: Apr 6, 2021 APPROVAL REC�MMENDED: , :,. , y � � � Chris Harder, P. E. Directo�, Wat�r Depar�ment Coniract Comp[iance Manager: BY: CDNSULTANT Plummer Associat�s, Inc. ��� .J e E�. affe , rincipa� Da�e:��� ��� ��, � �� / � � By sE�ning, I acknowledge ihat I am the �erson resp�nsib(e for th� monitoring and administration of th�s cantract, including en�uring ail perFormance and reparting requirements. Farm1295 No. NIA 7�Q,� `.�Qe� Dena J nson, P. E. Praj�ct Manager APPROVED AS T� FORM AND LEGALfTY r,er.,�:i�;A�.,�-.Y/ -li i�.,,coi; B�i. Douglas W. Black S�nior Assisiant Gify Attorney City nf Fort Wnrth, Texas Standard Agreement for Professional Services Revision Dafe: 11.07.97 Page 8 of 8 M&G No.: N/A M&C Qa#e: NIA A�EST: U�/� Mary J. Kayser City Secretary ,d-p.UU�n� bb� ��Rj ��� p�� �000000000� �� � 0 � 0 ��o °���� Pva �=d o a P� � �o 00 �� °°�00000� a ��� nEXASaaa OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ATTACHMENT A PLUMMER ASSOCIATES, INC. SCOPE OF WORK I. Project Description The Scope of Services described in this document is to assist in correcting a Village Creek Water Reclamation Facility's (VCWRF) issues related to nitrification and solids accumulation. II. Basic Engineering Services Tasl< 1- Nitrification Process Support a. Engineer shall provide a recommendation for break-point chlorination options at chlorine contact basins to provide additional short-term ammonia removal if needed. Recommendation will indicate how to minimize the chlorine usage to achieve the summer ammonia limit. b. Engineer shall recommend process control techniques to monitor ammonia and make decisions about MLSS inventory and wasting rates. Summarize the results in a memorandum listing the process modifications required, and indicators to be monitored to track the progress of the process improvements to increase nitrification. Furnish process control tools, such as spreadsheets or charts, to assist operations staff with decision making. Task 2- Solids System Diagram and Capacity Summary a. Develop a process diagram(s) to show the solids path through the treatment plant. Diagram(s) will emphasize the bottlenecks in the solids handling process. b. Prepare a summary document listing the RAS and WAS pump capacities and interconnections. c. Prepare a summary document listing the solids treatment pumping and conveyance capacities (DI, GBTTS, DAFTTS, MS, and DS pumps) and interconnections. d. Provide written recommendations on managing excess solids given the existing facilities at the treatment plant. Task 3- Winter Storm Lessons Learned a. Document events that occurred during and after winter storm which resulted in limited nitrification & solids accumulation issues. Engineer will interview plant staff and look at data furnished by the Owner. Engineer shall prepare a memorandum documenting the event, highlighting actions, decisions, monitoring activities, and responses. Memorandum to include a list of lessons learned from the event. b. If necessary, prepare draft letter to TCEQ explaining permit violations. III. Additional Services This section describes Task 4 Long-term Operations Recommendations incidental to the VCWRF issues, but not within the scope of the Basic Services, which may be added to the Consultant's responsibilities by mutual agreement. Task 4- Long-term operations recommendations a. Recommend process control techniques to monitor and maintain nitrification under various stressor situations (wet-weather, RAS/WAS pump failures, solids process throughput limitations, blower failures). b. Develop communication tools to allow multiple operators on multiple shifts to understand temporary changes in process operations. c. Recommend digester loading parameters for optimizing biogas production (Dr. Leonard Ripley). IV. Schedule The schedule to accomplish this scope of work is up to twelve weeks starting upon receiving an executed contract. ATTACHMENT B PLUMMER ASSOCIATES, INC. COMPENSATION The total compensation shall be paid in an amount not to exceed Thirty Thousand Dollars ($30,000). Work performed under this Agreement shall be billed for personnel time plus expenses according to the Hourly Fee Schedule shown below. HOURLY FEE SCHEDULE 2021 Staff Description Staff Code 2021 Rate Admin Staff A1 — A2 $ 90.00 Admin Staff III A3 $ 95.00 Senior Admin Staff A4 $ 120.00 Desi ner/Technician C1-C2 $ 90.00 Desi ner/Technician III C3 $ 115.00 Senior Desi ner/Technician C4 $ 135.00 En ineer/Scientist Intern ESO $ 60.00 En ineer-in-Trainin /Scientist-in-Trainin ES1 $ 115.00 En ineer-in-Trainin /Scientist-in-Trainin II ES2 $ 120.00 En ineer-in-Trainin /Scientist-in-Trainin III ES3 $ 130.00 Pro�ect En ineer/Scientist ES4 $ 145.00 Senior Pro�ect En ineer/Scientist ES5 $ 175.00 Pro�ect Mana er ES6 $ 215.00 Senior Pro�ect Mana er ES7 $ 240.00 Princi al I ES8 $ 305.00 Principal II ES9 $ 320.00 Electrical En ineer in Trainin I EE1 $ 95.00 Electrical En ineer in Trainin II EE2 $ 120.00 Electrical En ineer in Trainin III EE3 $ 125.00 Electrical Specialist EE4 $ 145.00 Pro rammer EE5 $150.00 Pro rammer II EE6 $ 155.00 Senior Electrical Engineer EE7 $ 280.00 Notes: • Billing rates may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. • A multiplier of 1.15 will be applied to all direct expenses • A technology charge will be billed at $5 per labor hour.