HomeMy WebLinkAboutContract 28409�;��1( ����� I��tiiv '
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STATE OF TEXAS
CDUNTY OF TARRANT
KNOW ALL M�N BY THESE FRESENTS
THIS AGRE�MENT is made and entered by and between the City of Fort Worth, Texas, a municipal
corporation situated n Tarrant Caunty, Texas, hereinafter called the "City", acting herein by and through its
duiy authori�ed Assistant City Manager, and Kinsman and Assoeiates, hereinafter called the "Engineer" for
ihe purpose of providing professional services for the third-party independent review of the Energy Sa�ings
Perforznance Cantract proposal of Johnson Controls Inc (JCI).
WITNESS�TH
"I`hat for and in considezation of the mutual cavenants and agreements herein contained, the parties hereto
do herehy covenant and agree as follows;
5EG'I'ION I SERVICEB OF THE ENGiNEER
1.1 The City hereby contracts with Engineer as an independent contractor, and the Engineer hereby
agrees to perform, within the professional standards normally accepted in the State of Texas,
professional services in connection with ihe following general scape of work:
Verify and provide a report on the reasonability of the various elements of the .TCI Energy
Savings Parformance Contract proposa! to the Cily.
SECTION II PERSONNEL
�. The fallQwing persozuael will be assigned to this Prnject:
1.1. Ciiy of Fort Worth
1.1,1. Project Manager: Mike Mathews, P.E., Chief of Aschiteciural Services
I .2. Kinsman and Associates
1.2.1. Patricfc Sulli�an, P.E., Vice President ofEngineering
2. Neither garty may ehange key personnel wittrout agreement by the other party.
SECTION III CHARACTER DF ENGINEER'S SERVICES
I. Perform services as outlined in Engineer's letter dated October I0, 2002 that is attached to and made a
part of this Agreement. Engineer shall consult with the City to clarify and define City's requirements
relative to the assi�unents and review available c3ata.
2. 'I"he schedule for the Project is;
2.1. Complete all services within 2I caisndar days of receipt of the JCI propasal.
3. Engineer agreas to commit the personnel to eacl� assignment as necessary in order to complete the
assignment in an expeditious manne�-,
4. The Engineer shall advise City as to th� necessity of City`s providing or obtaining from others services
and data required in connaction with the Assignment at Gity's cost and expense (which ser�ices and
data Engineer is not to provide hereunder but an which Engineer rnay rely in perForming sezvices
hareunder), and act as Gzty's representative in connectian with any snch services of others.
5. The Engineer shall pay for the printing of documents as a part nf the prQpased fee.
SECTION IV SPECTAL SERVICES OF ENGINEER
1. If authorized in writing by City, Engineer shall furnish or obtain from others Special 5ervices necessary
to complete the assig,nments at a cost stated by the Faciliry Manager hy letter.
SECTION V COMFENSATION TQ ENGTNE�R
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21I3101
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'['he totai compensatian far a1I of the assiga�nents to be perfarnied by Engineer as described in
CHARACTER AND EXTENT af ENG]NEER'S SERVICES hereof shail be $11,500.
SEGTIOAT VI METHOD OF PAYMENT
l. The Engin.e�r shall be paid not more frequently than once per rx�onth an the hasis of statements
pxepared from the �voks and records of account of the Engineer, such statements to be verifed as to
accuracy and compliance with the terms of this Agreement by an of�'icer of the Engineer. Paymeat
according to statements will be subject to certifzcatian by the Director, Transportation and Public
Works Dapartment ar his d��y autharized representative that such wark has heen perforrned.
2. �'he above charges are on the basis af prompt Aayment af bills rendered and continuaus progress of the
work on the Ass�gnment uritil corinpletion. If City fails ta matce any agreea ta paytnent due Engineer
for services at�d vut-of-poc4cet expenses within si�cty days after approva! of �ngineer's statem�nt
thereof, Enginear may, ai�er giving seven clays' writien notice to City, suspend services under this
Agreement until Engineer has been paid in full alI amounts due for services actually performed and aut-
of-pocket expensas actual�y incurred.
SECTION VII CITY RE3PONSTBILZTIES
1. Provide criteria and information as to City's requirements and clesignate a person with authority to act
on City's behalf on aIl mat�ers concerning tb.e �,.ssigntr►ent.
2. Assist Engineer in obtaining axisting studies, reports and other available data and services of athers
pertinent to the Assignment and in obtazning additianal reporis and data as required.
3. Upon reasona6le notic� arrange far access to and make aIl pravisions iar Engioees to enter upan p�zblic
and private property as may be reQuired for �ngineer to per%rm services hereunder.
4. Designate in writing qua2i�ed persons who wi11 act as City's representatives with respect to the
Assignment fot the purposes of transmitting instructions, receiving informativn, interpreting anc!
defming City's polieies and deciszQns with respect to Engineer's services.
5. Review alI reports, reco�endations and oth�r documents and provide written decisions pertaining
thereto within a reasonable time.
S. Upon reasanabie natiee provide labor az�d safety equipment to expase s#�-ucturaZ etements, to make
temporary repairs, and ta operate mechanical and ele�trical systems as required by the Engineer in ti�e
services.
7. Pravide such iega�, acctiunting, insurance and other cour�seling services to City as may be required for
the Assignmen�
8. Bear alI costs incident to compliance with this 5ection.
SECTION 'VIII TERMINATTON
1. The City may terminate ttais Agreement at any fime for cQxtvenience or far any cause by notice in
Uvriting to the Engineer. Upon receipt of such noiice, the Engineer shall immediately discontiziue all
services and wotic and the placing of aii orders ar tYte entering inta Contracts for supplies, assistance,
faciIities and matarials it� cann�ction witla the performanee of this Agreement and shaIl proceed tr�
ca►�ce1 promptly all existing contracts ir�snfar as they are chargeable to this Agreement.
2. If the City terminaies this Ageement unaer the faregaing paragra�ai�, the City shail pay the Engineer for
sarvices performed in accordance herewith prior to such termination, less such payments having been
previously made, Such payment shall be basecl upon the work completed �ag ta the date of tercnination
af the Agreament irt accordaU,ce with the method of compensation prescribed in Sections V and VI
hereof. Engineer sha�I also be cQmpensatsd for al! termination-related eYpenses such as meeting
attenclance, document reproductian, transfer of records, etc.
3. Upon early termination ar conclusion of this Agreement, the Engineer sha1l provide the City
reprodvcible copies of all campleted or partiaaly campleted engineering documenis prepared under this
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2l13/01
SECTTON XIV INDBPENDENT ENGINE�R
Engineer shall perfarm all work and services hereuncEer as an independent Engine�r, and not as an
officer, agent, servant or employee af tha City. Engineer shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the aets and omissions of iks o�'icers, agents, empIoyees and
Subconsultants. Nothing herein shall be construed as creating a partnership or joint venture between
the City ar�.d the �ngineer, its officers, agents, employees and Subconsultants, and doctrine of
respondent superior has no application as hetwaen the City and the Engineer.
SECTION XVI VENUE
Venue of any suit or cause of activn under ttus Agreement shall lie in Tarrant Caunty, Texas.
IN TESTIMONY THEREOF, the City of Fort OVorth has eaused this instrument to be signed in triplicate in
its name and an its behalf, by its City Manager and at�ested by its City Secretary, with the Corporate Seal
aff'uzed; and the Engineer has aLso properIy executed this instrument in triplicate copies, each of which is
deemed an original.
EXECUTED THE CITY O ORTH, TEXAS, THI5 I� day of JaaJa�'�i , A.D., Zo0 3
,
By: . , _ � APPROVED:
Patrick P. Sullivan, P.E.
Kinsman and Associates
Vice-President of Engineering
�y. .,, .
Assistari��ity nager
APPROVAL RECOMMENDED:
Sy. �,r ��, � -
Ditector, "I'ransportation and Publia Works
A�'PIZOVED � TO PO AND LEGALITY:
By' �9
�City Attorney
�
RECORDE�:
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By: �
ity Secre
Date: �•• �� - � �
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Contra�t Au�hori��tiox�
Date
Fage 6 of b ,
2113/01 ', ` �� ,,
KINSMAN & A5SOC1ATE5, Cnnsultir�g En�ineers
Systems Analyars a�d Desrgn
October 10, 2002
Mr. Greg Simmons
Facilities Manager
City of Fort Worth
Transportation and Public Works Department
409 Taylor Street
Fort Worih, Texas 761 Q2
Dea.r Mr. Simmans:
We are her.eby proposing to per�E'orm a ihird-party independent review ofthe Energy Savings Par%rmance
Propasal you will be receiving from Jahnson Contzols. Our proposed review meets ihe requirements of
the State for third-party reviews, as wel� as the requirements to participate in the State LoanSTAR
Program. . ��,�,
�ur proposal review wiil include verification of the �following:
1. 1'rapased proj�ci descriptions are accurate and carrelate with on-site observation.
2. 1'roposed projects are appropriate solutioz�s to existing condiizon�.
3. Methoc�s of calculating savings are reasonable and accurate to acceptable standards.
4. Prajeci savings estimates are obtainable.
5. Prflject costs are reasonable and cost/benefits are in balazace.
6, Th� measnrement and veri�cation rnethod proposed is app�icable and adequate.
7. The iechnical interest af the owner is protected in ihe contract documents.
We will perform an an-site visit ofyour facilities and we will review procedures, documents, and backup
data JohrAson Contrals is using to davelop their pragosal for the City. We will also revievv applicabYe
technical aspects of their proposal. However, we da not provide any l�gal review.
Our proposed �xed price for this wark is eleven thousand five hundred dollars ($11,SOQ.OU) payable
monthly on a percent completion basis.
Yfyou have anp ques#ions regarding this proposal, please giv�e us a cal�. Thank you for your consideratian.
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Patrick P. Sullivan, P.E.
Vice President of Engine�ring
/pt
1701 N. Greemille Ave. • 5uite 600 • Richardson, Texas 75QF37 • Ph, (�172) 644-7876 • Fax: (972) 644-3355