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HomeMy WebLinkAboutContract 56020 CSC No.56020 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 Carollo Engineers, Inc. authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Village Creek Water Reclamation Facility Filter Media Removal and Replacement- Emergency Response. 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 Village Creek Water Reclamation Facility Filter Media Removal and Replacement- Emergency Response. (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 $20,000.00 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 conternplated herein, whichever occurs first. Article IV Independent Contractor City Stand Fort Agreement for OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:11.07.17 Page 1 of CITY SECRETARY FT. WORTH, TX 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, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS 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. Commercial General Liability City of Fort Worth,Texas Standard Agreement for Professional Services Revision Dale:11.07.17 Page 2 of 8 $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 Fart Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of a 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. 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 arnounts 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) 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 0 (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 Pape 5 of 0 I 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 (1-9). Upon-request by City, Consultant shall provide City with copies of all 1-9 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 or circumstances shall not be affected thereby and this Agreement to otherpersonsY g 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 0 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: Carollo Engineers, Inc. Attn: Troy I-aman, P.E. 100 E. 151h Street, #540 Fort Worth Texas 76102 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 certifies that Consultant's signature provides written verification to the 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 Pape 7 of 8 Attachment B —Compensation Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT g BuL�hdahf Carollo Engineers, Inc. Datta Burghdoff(5ul 14,202120:05 CDT) Dana Burghdoff Assistant City Manager Troy Laman, [j Tff Associate Vice President Date: J u 114,2021 Date: April 14, 2021 APPROVAL RECOMMENDED: r"�Wii sh a rr� By:Kara Shuror(Jul 12,202114:59 CDT) 7 Chris Harder, P. E. Director, Water Department Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Form1295 No. N/A Z Q)ae" , M&C No.: N/A (Attached 04/02/21 Emergency Memo) Dena John66n, P. E. Project Manager M&C Date: N/A (Attached 04/02/21 Emergency Memo) APPROVED AS TO FORM AND LEGALITY Aaa�40R � ATTEST: r0 F F°°°°T4k, � 6 �i �D`IGZGG� GD`IIGZGGf �JI J6.o° 000 0. By,DBlack(Jul 14,202118:02 CDT) Ronald P.Gonzales(Jul 15,2021 09:16 CDT) .o o� Douglas W. Black p�v o=� Senior Assistant City Attorney Ronald Gonzales �� °°° �`,cy Acting City Secretary �� i'EXpSoa411 city of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:11.07.17 CITY SECRETARY Page 8 offs FT. WORTH, TX ATTACHMENT A-SCOPE OF WORK VILLAGE CREEK WATER RECLAMATION FACILITY EMERGENCY FILTER MEDIA REPLACEMENT CITY OF FORT WORTH The following scope of services details the work tasks and deliverables associated with the emergency removal and replacement of media in eleven (11) of the existing automatic backwash filters. Specific tasks include: 1. Provide technical support to the COFW internal engineering and plant staff to prepare an emergency bid package to replace clogged filter media. Specific tasks include: a. Review and provide suggested edits to the COFW standard contract and purchasing documents. b. Review and provide suggested edits to the COFW bid form, including line items for unit price work associated with media replacement. c. Site visit to assess condition of equipment and confirm extent of media replacement required. d. Develop quantity takeoff for volume of media to be removed and replaced as a basis for the unit price bid items. e. Develop specification requirements for the new media to be installed to be included in the COFW emergency advertisement and procurement documents. f. Review bid proposals and proposed media material data and provide a recommendation for award. Assumptions: • COFW will assemble the final bid package and administer the advertisement, bid phase, and bid opening. • Carollo will not provide any formal documents, plans or specs bearing a professional engineering seal or disclaimer. Information provided by Carollo will for reference only. • The rnedia removal and replacement in Filter 21(south end of the filter complex)will be completed by Others and is not included in the scope of this Work. • Media removal,disposal, and replacement will be listed as unit price bid items on the bid form, • Existing pumps, motors, drive components, and controls are in working condition and will not be modified. • Drawings, quantity takeoff for media volumes and configuration of existing filters will be based on the Record Drawings from the Secondary Area and Filter Rehab and Modifications project. • Contractor will be responsible for processing and disposing of the used filter media that is removed from the filters. • City of Fort Worth will provide input on the extent of other-components (underdrain, backwash seal plate, backwash pump shoe and bellows, etc. will be included in the bid proposal. • Bid form and purchasing documents will be a COFW standard form with line item and project specific information provided by Carollo. • COFW will provide on-site inspection during construction. Page 1 of 2 • No record or as-built drawings will be provided. • No SBE requirements for this emergency service. • No structural concrete repair or modification. o No site visits during construction. END Page 2 of 2 CITY OF FORT WORTH VILLAGE CREEK WATER RECLAMATION FACILITY EMERGENCY FILTER MEDIA REPLACEMENT Description Labor Hours per Classification(1) SPM Pi,1 PP SPS P AP ST T DP TUTAI, 1,Provide technical support to the COFW Internal engineering and plant staff to prepare an emergency rid package to replace clogged filler media pet Attachment A-Scope of Work. 4 40 a 40 4 4 ioo Total•Design Sorvices Labor Hours 4 40 0 8 0 40 4 4 o uai Direct Rate S83 $77 $o $80 so $31 sea s0 $40 Direct Labor MulBpfer 3.35 3.35 3.35 3.35 3.35 3.35 3.35 3.35 3.35 Net Labor Cost $1,112.20 $10.364,90 $0.00 $2,144.00 $0.00 $4.154.00 5804.00 $0.00 $0.00 Direct Costs 51,411 Project Equipment Communication Expanses 100 Labor Hours at S 13,00 per Labor Hour $1,300 Travel and Subsistence 5 - At Cost $ Mileage 238 Miles at S 0.51 pot Mdo S12l Subcensullants S NIA S othor Direct Costs $ - P+inting,reptoduction S Administrative Cost on Subconsullants 0% So Admialstrallva Cost on Other Direct Costs 0% $0 Profit on Labor Cost included In multiplier) 0% of Not Labor Cost so FEE NOT TO EXCEED-- $20000 SPM(Senior Project Manager),(PM)Project Manager,(PP)Project Professional,(SPS)Senior Process Spedafs6(P)Professional (AP)Assistant Professional,(ST)Senior Technician,(T)Technician,(DP)Document Processor Fee Carallo_Fmergency Media Replacement.Aw page 2 of 2 Date:4/6/2022 I i V INT�IZOFFICE MEMO Date: April 2,2021 To: Dana Burghdoff,Assistant City Manager From: Chris Harder,P.E., Water Director Subject: Village Creek Water Reclamation Facility Filter Media Removal and Replacement -Emergency Response The winter storm that occurred the week of February 15"'damaged solids handling equipment,resulting in a solids process upset at the Village Creek Water Reclamation Facility. One treatment process that was significantly impacted was the traveling bridge effluent filters. During the upset, unusually high concentrations of solids from the final clarifiers flowed into the traveling bridge filters, rendering them inoperable. Maintenance staff has tried to super-chlorinate, backwash and clean these filters, but the amount of solids currently within the filter media make this impossible. It has been determined the best way to get the traveling bridge effluent filters back into operation is to completely remove the existing media that is inundated by solids. New media will then be installed in the filter boxes. An engineer has been retained to prepare specifications for the removal and replacement of the filtering material of the travelling bridge filters.These specifications,estimated quantities,and other tasks related to the repair will become a bid proposal sheet which will be sent to several qualified contractors who have experience in filter rehabilitation projects. We expect to receive written bids and quickly award a contract to the lowest responsible bidder to start the work immediately,with the goal of having the filters back on line within two months. In the meantime,the plant is functioning at a reduced capacity. Getting these filters operational as quickly as possible is critical towards meeting regulatory permits related to both the effluent discharged from the plant as well as the reclaimed water quality that is sent to retail and wholesale customers. Waiting to bid and award a design and construction contract to perform this work is not in the best interest of the health and safety of the citizens of the City of Fort Worth. Chapter 2,Article I, Section 2-9 of the City's Code of Ordinances and Section 252.022 of the Local Government Code exempts from normal bidding requirements expenditures that are necessary to preserve or protect public health or safety of the municipality's residents;and procurements necessary because of unforeseen damage to public machinery,equipment,or property. This memo is submitted to request authorization for emergency procurement of engineering and construction services to remove and replace the filtering material of the travelling bridge filters. It is estimated that the engineering and construction costs associated with this emergency repair may cost approximately$420,000.00(Engineering-$20,000.00,Construction-$400,000.00). A confirming M&C will be circulated to ratify the above activities after the work has been performed. I i APPROVED FOR EMERGENCY PROCUREMENT: Chd, vhorHn�Aer Recommended: Chris Harder,P.E.Water Director B�.ir1 Approved as to form and Legality: Douglas W.Black,Sr.Assistant City Attorney Approve: Cynthia Garcia,Assistant Director Purchasing hr� Ih�hAel1(ap.5,)07 :K C0T) Approve: Dana Burghdoff,Assistant City Manager I