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HomeMy WebLinkAboutContract 44605 (2)CITY OF FORT WORTH, TEXAS � .7 �- ' F ` ,- � t.. ,,:.. STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Echologics, LLC, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Lost Creek 16-inch Water Main Condition Assessment. Article I Scope of Services (1) Consultant hereby agrees to perform as an forth in the Scope of Services attached her shall be perFormed in connection with Lo Assessment. independent contractor the services set �to as Attachment "A". These services �t Creek 16-inch Water Main Condition (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 $46,360.00 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 shafl 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 O�cial Release Date: 1/28/2013 Page 1 of 8 ��C�fV�n .li1N 2 � 2713 �. :� � � : t aF Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30 days, 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: 1/28/2013 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained ali 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 ConsultanYs 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: John R. Kasavich, 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 �pecified 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 O�cial Release Date: 1/28/2013 Page 3 of 8 e. Insurers must be authorized to current A.M. Best rating of A: VI solvency. do business in the State of Texas and have a I or equivalent measure of financiai strength and 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. i. Consultant's insurance policies shall each be endorsed to provide insurance is primary protection and any self-funded or commercial maintained by City shall not be called upon to contribute to loss recovery. that such coverage 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 properly 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 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. a , .. � . . : . . • �. • . ... � (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 OKcial Release Date: t/28/2013 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-consu{tants agree to photocopy such documents as may be requested by the City. The �ity agrees to reimburse Consultant far the cost of copies at the rate published in the Texas Administrative Code in effect as caf the time copying is performed. City of Fort Worth, Texas Standard Agreement for Professlonal Services PMO Official Release Date: 1l2812013 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise 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 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 af the State of Texas. _��� - ►, �ontract 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 City of Fort Worth, Texas Standard Agreement for Professional Services PMO OKcial Release Date: 1/28l2013 Page 6 of 8 __ _ interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severabie, 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: City of Fort Worth Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Echologics, LLC Attn: Marc Bracken Vice President & General Manager 6295 Northam Drive, Unit 1 Mississauga, ON, Canada L4V 1 W8 ,� �-.. .- 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 ot Fort Worth, Texas Standard Agreement for Professional Services PMO O�cial Release Date: 1/28/2013 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. l, l �'� Executed and effective this the �'� day o , 2013. I BY: CITY OF FORT WORTH BY: ENGINEER Echologics, LLC Marc Bracken Vice President and General Manager Date: 6 13 APPROVAL RECOMMENDED: By: . ,, ,� I - � �,j� �'��'`''i �%.,; S. Frank Crumb, P.E. Director, Water Department APPROVED AS TO FORM AND LEGALITY By: Assistant City Attorney ATf EST: �_. , �, �"�-t� -��: IVlary J. Kayse City Secretary City of Fort Worih, Texas Standard Agreement for Professional Services PMO OKcial Release Date: 1/28/2013 Page 8 of 8 Date: �, > : � `� . ,_3 M&C No.: N/A M&C Date: ::i ��.� e opf'°' g�',;< � °o��<.�'' �� 1 °oo� 4 c o°�� o�E o � a 6 �0000°* � ��� _.� � C�] � � C ? '_ _; ` ."' °(, ;; ;i. � s " Y ,�1 Fernando Costa Assistant City Manager ATfACHMENT A SERVICES FOR LOS7 CREEK 16-INCH WATER MAIN CONDITION ASSESSMENT CITY PROJECT NO.: PE45•539120-0602501 ATTACHMENT A Scope for Enqineering Design Related Services for Water and/or Sanitary Sewer Improvements SERVICES FOR LOST CREEK 16-INCH WATER MAIN CONDITION ASSESSMENT CITY PROJECT NO.: PE45-539120-0602501 The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. WORK TO BE PERFORMED Task 1. Management Task 2. Scope of Work Task 3. Methods TASK 1. MANAGEMENT. CONSULTANT shall ensure efficient and effective use of CONSULTANT's and CITY's time and resources. CONSULTANT shall manage change, ■ Communicate effectively, ■ Coordinate internally and externally as needed, and ■ Proactively address issues with the CITY's Project Manager and others as necessary to make progress on the work. 1.1. Communications and Reporting • Prepare and submit monthly invoices in the format requested by the CITY. DELIVERABLES A. Monthly invoices TASK 2. SCOPE OF WORK Acoustic leak detection and condition assessment will be performed along up to 10,000 linear feet of 16-inch P303 Class 150 concrete water transmission main along Camp Bowie West Blvd. form Longvue Ave. to Lost Creek Blvd. Consultant will determine access points along the main, indicating where pot holes will be needed for additional access. It is estimated that 12 potholes will be required. Consultant shall attach sensars to valves, fire hydrants,: and the main to record and analyze acoustic signals. Accoustic waves of the required frequency must be induced in the main from these �ources. Upon completion of the field testing, the recorded data files shall be further analyzed to reveal any leaks. Gity of Fort Worth, Texas Attachment A FWWTR Release Date: 02.022010 Page i of 3 ATTACHMEN7 A SERVICES FOR LOST CREEK 16•INCH WATER MAIN CONDITION ASSESSMENT CITY PROJECT NO.: PE45•539120-0602501 DELIVERABLES A report of findings shall be prepared, indicating locations of any leaks identified, along with the average remaining average hoop stiffness (for reinforced concrete pipe), over each test interval. TASK 3. METHODS Leak detection will be performed by bracketing a section of pipe with two magnetic surface mounted sensors and recording a noise file using the LeakFinderRT system. Leak noise data will be collected for each section of pipe and recorded for analysis. Where leaks are detected, they will be marked and where possible verified using ground sounding and/or different configurations of the sensors around the suspected leak. Following leak detection, a condition assessment will be performed. Noise from flowing water from a fire hydrant, valve, etc. will be recorded and used to measure the acoustic velocity of sound in the pipe. All recorded files will be analyzed to determine average remaining hoop stiffness. DELIVERABLES A field report will be submitted on-site if any leaks are identified. � Following completion of the on-site work, a final report will be submitted detailing the methods used and leak detection results. ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existinq Scope of Services — CITY and CONSULTANT agree that the following services are beyond the Scope of Services described in the tasks above. However, CONSULTANT can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the CONSULTANT as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition including temporary right-of- entries. � Services related to development of the CITY's project financing and/or budget. • Services related ta disputes over pre-qualification, bid prafiests, bid rejection and re-bidding of the contract for consfiruction. • Construction management and inspection services • Periodic site vi�its during construction phase • Design phase public meetings • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. City of Fo�t Worth, Texas Attachment A PMO Release Date: 06.19.2010 Page 2 of 3 ATTACHMEN7 A SERVICES FOR LOST CREEK 16�INCH WATER MAIN CONDITION ASSESSMENT CITY PROJECT NO.: PE45-539120•0602501 • Services related to warranty claims, enforcement and inspection after final completion. � Services related to submitting for permits (ie.TxDOT, railroad, etc...) • Services related to Subsurface Utility Engineering Levels A, B, C or D � Services related to Survey Construction Staking • Services related to acquiring real property including but not limited to easements, right-of-way, and/or temporary right-of-entries. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Construction Shop drawing review, samples and other submittals submitted by the contractor. • PerFormance of miscellaneous and supplemental services related to the project as requested by the CITY. City of fort Worth, Texas Attachment A PMO Release Date: 06.19.2010 Paga 3 of 3 ATTACHMENT B COMPENSATION Services for Lost Creek 16-inch Water Main Condition Assessment City Project No. PE45-539120-0602501 Lump Sum Project I. Compensation A. The CONSULTANT shall be compensated a total lump sum fee of $46,360 as summarized in Exhibit B-1 — Consultant Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The CONSULTANT shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the CONSULTANT monthly upon City's approval of an invoice prepared and submitted by the CONSULTANT in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the CONSULTANT. 111. Progress Reports A. The CONSULTANT shall prepare and submit to the designated representative of the Water Department monthly progress reparts and schedules in the format required by the City. City of Fort Worth, Texas Attachment B PMO O�cial Release Date: 5.19.2010 Page 1 of 3 �- �; ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees . _ _ _ __ _ Firm Primary Responsibility Fee Amount % Prime Consuitant ' Echologics ' Pipeline Condition Assessment $46,360 ____ _ ____ __ _ _ _ _: _ _ . . , Proposed MNVBE Sub-Consultants none Non-M/WBE Consultants ' none TOTAL ; $ 46,360 ; 100% ; City of Fort Worth, Texas Attachment B PMO O�cial Reiease Date: 5.19.2010 Page 2 of 3 o-G EXHIBIT "B-1" ENGINEER INVOICE (Suppiement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. Ciry of Fort Worth, Texas Attachment B PMO O�cial Re�ease Date: 5.19.2010 Page 3 of 3 �-� Company Name Address Tel: Fax: emai/: COFW Project Manager ConsulfanPs Pioject Manager. Name o/Project : Work Phase Proj. Invoice No. Invoice date: Period (From - To) OOE No. Water Proj No. Sewer Proj No. City Secy. Cont. No. John R. Kasavich, P.E. Charlie Invoice - NA1`ER / SE�VER N/A PE45-539120-0602501 Lost Creek 16•inch Water Main Condition Assessment 20 Study - Water Main Condition Assessment CONTRACT AMOUNTS Check siage of project ❑ ❑ ❑ ❑ WATER SEWER Revised Amts. incl. Revised Amts. incl. Orig. Amounts Amendmenls Orig. Amounls Amendments S 46,360.00 $ $ � 3 $ $ $ $ S 46,360.00 $ § $ TOTALCONTRACTAMOUNT $ 46,360.00 TOTAL CONTR,4CT AMOUNT TO DATE (incl. Amendments) $ 46,360.00 WATER SEWER Work Phase TOTAL CONTRACT AMT. TOTAL PREVIOUS CONTRACT AMT. No. DESCRIPTION OF WORK THIS INVOICE PREVIOUS REMAINING THIS INVOICE INVOICES REMAINING INVOICES 20 Stud - Water Main Condition Assessment S S $ 46,360.00 ; $ 5 S $ S $ S S � S g S S $ S $ TOTALS b $ S 46,360.00 E S 5 List all amendments to date Do not invaice for additional work until ihe related nmendment has heen eiecuted b lhe ci Water Sewer Amendment Descri tion Contrect No. Date Executed Total Amount No. P for the by City Wrk. Phase 51 Work Phases 31, 32, 33 Wrk. Phase 51 WO� Phases 31, 32, 33 � � S S $ S 2 $ s a s s 3 $ S 5 S S 4 $ S $ S S 5 $ S S S # 6 $ S S 5 E 7 $ 5 S S S $ $ 8 S S E g $ S E 5 S 10 g ; s _ $ ; - 7oTA�s 3 S S S S TOTAL WATER TOTAI SEWER s - s - � Make all checks payable lo : Company Plame Address TOTAL THIS INVOICE $0.00 Submilted 6y: Project Accounlant Information Company Name City of Fort Worth Lost Creek 16-inch Water Main Condition Assessment Prepared By: Title: Su lemental Involce Informatlon Sheet: 2 of 4 Compnay name Lost Creek 16-inch Water Main Condition Assessment No.: Prepared ey: Title: Water Breakdown Sheet: 3 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Services for Lost Creek 16-inch Water Main Condition Assessment City Project No. PE45-539120-0602501 No changes to Standard Agreement City of Fort Worth, Texas Attachment C ?AAn Release �ate: Q5.?9.20?0 I�age I oi t Consuiting Contract Schedule Specifications City of Fort Worth Capital Improvement Program Attachment D - Pro�ct Schedule The scope of this project will take 5 days to complete the field inspection of the 16-inch water main; therefore no detailed schedule is required. City of Fort Worth, Texas Attachment D PMO Release Date: 02.152011 P7g@ i ui i