Loading...
HomeMy WebLinkAboutContract 29705 CITY SECRETARY _. 03-29-04A10 : 38 RCVD CONTRACT No . t,'� �.� STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § PROFESSIONAL SERVICES CONTRACT This contract is made by the City of Fort Worth, Texas, a municipal corporation situated in Tarrant and Denton Counties, Texas, hereinafter called "City", and Summit Consultants, Inc.,hereafter called "Consultant". I. SCOPE OF SERVICES Consultant agrees to provide the services specified in Attachment A hereto, generally described as HVAC Systems Analysis for the City's Will Rogers Memorial Center, hereinafter referred to as "Project". II. COMPENSATION The Consultant's compensation is set forth in Attachment B. III. TERM The term of this Agreement shall commence upon the date of its execution, and conclude on July 31, 2004, unless terminated earlier as hereinafter provided. IV. Termination A. Only the city may terminate this Agreement for convenience by giving Consultant 30 days' written notice. Either the City or Consultant may terminate this Agreement for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. B. If this Agreement is terminated for the convenience of the City, Consultant will be paid for termination expenses as follows: 1. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; 2. Out-of-pocket expenses for purchasing storage containers, microfilm, electronic data files, and other data storage supplies or services; 3. The time requirements for the Consultant's personnel to document the work underway at the time the City's termination for convenience so that the work effort is suitable for long time storage. 4. Prior to proceeding with termination services, Consultant will submit to the City an itemized statement of all termination expenses. The City's approval will be obtained in writing prior to proceeding with termination services. V. OWNER SHTP OF T OCI TMFNTS CRF,ATFD i WDER THIS AGRFF.MF.NT All designs, drawings, specifications, documents, reports and other work products of Consultant, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Consultant will be at the City's sole risk. The City shall own the final designs, drawings, specifications, reports and documents. VI. INDENWITC ATTON; T.T A BIT.TTY Consultant shall indemnify and hold the City and its officers, agents and employees harmless from any loss, damage liability or expense for damage to property and injuries, including death, to any person, including but not limited to officers, agents or employees of Consultant or subcontractors, which may arise out of any negligent act, error or omission in the performance of this Agreement. Consultant shall defend at its own expense any suits or other proceedings brought against the City, its officers, agents and employees, or any of them, resulting from such negligent act, error or omission; and shall pay all expenses and satisfy all judgments which may be incurred by or rendered against them or any of them in connection therewith resulting from such negligent act, error or omission. SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS-WILL ROGERS MEMORIAL CENTER Page 2 of 7 r VII. INST FRANCE E A. Consultant shall provide to the City certificate(s) of insurance documenting policies of the following coverage at minimum limits that are to be in effect prior to commencement of work on the PROJECT: Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident(or reasonably equivalent limits of cover- age 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 Professional Liability $1,000,000 each claim/annual aggregate B. Certificates of insurance evidencing that Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with the PROJECT. 1. Applicable policies shall be endorsed to name the City an Additional Insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. 2. Certificate(s) of insurance shall document that insurance coverage required herein are provided under applicable policies documented thereon. 3. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements. SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS-WILL ROGERS MEMORIAL CENTER Page 3 o(7 A 4. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the City. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton,Fort Worth, Texas 76102. 5. Insurers for all policies must be authorized to do business in the state of Texas or be otherwise approved by the City; and, such insurers shall be acceptable to the City in teens of their financial strength and solvency. 6. Deductible limits, or self-insured retentions, affecting insurance required herein shall be acceptable to the City in its sole discretion; and, in lieu of traditional insurance, any alternative coverage maintained through insurance pools or risk retention groups must be also approved. Dedicated financial resources or letters of credit may also be acceptable to the City. 7. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the City as respects the Project. 8. The City shall be entitled, upon its request and without incurring expense, to review the Consultant's insurance policies including endorsements thereto and, at the City's discretion, Consultant may be required to provide proof of insurance premium payments. 9. The Commercial General Liability insurance policy shall have no exclusions by endorsements unless the City approves such exclusions. 10. The Professional Liability insurance policy, if written on a claims made basis shall be maintained by the Consultant for a minimum two (2) year period subsequent to the term of the respective Project contract with the City unless such coverage is provided the Consultant on an occurrence basis. 11. The City shall not be responsible for the direct payment of any insurance premiums required by this agreement. It is understood that insurance cost is an allowable component of Consultant's overhead. SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS—WILL ROGERS MEMORIAL CENTER Page 4 of 7 l7.1 J 12. All insurance required herein, except for the Professional Liability insurance policy, shall be written on an occurrence basis in order to be approved by the City. 13. Subconsultants to the Consultant shall be required by Consultant to maintain the same or reasonably equivalent insurance coverage as required for Consultant. When subconsultants maintain insurance coverage, Consultant shall provide City with documentation thereof on a certificate of insurance. Notwithstanding anything to the contrary contained herein, in the event a subconsultant's insurance coverage is canceled or terminated, such cancellation or termination shall not constitute a breach by Consultant of the Agreement. VII. INDEPENDENT CONTRACTOR Consultant shall perform all work and services hereunder as an independent contractor and not as an officer, agent or employee of the City. Consultant 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 acts and omissions of his agents, employees and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Consultant, its agents, employees and subcontractors; and the doctrine of respondeat superior shall have no application as between the City and the Consultant. IX. PROHTRTTTON OF ASSTCA VIENT Neither party hereto shall assign, sublet or transfer their interest herein without the prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. X. CHOICF. OFTAW- VENTlF A. The Agreement shall be construed in accordance with the internal law of the State of Texas. SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS—WILL ROGERS MEMORIAL CENTER Page 5 of 7 B. Should any action, at law or in equity, arise out of the terms of this Agreement, exclusive venue for said action shall be in Tarrant County, Texas. XI. MISCE.1.i.ANE011S A. This Agreement gives no rights or benefits to anyone other than the City and Consultant and there are no third-party beneficiaries. B. The City will make available to Consultant all technical data in the City's possession relating to the Consultant's services on the Project. Consultant may rely upon the accuracy, timeliness, and completeness of the information provided by the City. C. The City will make its facilities accessible to Consultant as required for Consultant's performance of its services and will provide labor and safety equipment as required by Consultant for such access. The City will perform, at no cost to the Consultant, such tests of equipment, machinery, pipelines, and other components of the City's facilities as may be required in connection with Consultant's services. The City will be responsible for all acts of the City's personnel. D. City may suspend, delay, or interrupt the services of the Consultant for the convenience of the City. In the event of such suspension, delay, or interruption, an equitable adjustment in the Project's schedule, commitment and cost of Consultant's personnel and subcontractors, and Consultant's compensation will be made. E. Neither party shall assign all or any part of this Agreement without the prior written consent of the other party. (Remainder of Page Intentionally Left Blank) SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS-WILL ROGERS MEMORIAL CENTER Page 6 of 7 EXECUTED on this,the � day of MgCA , 2004. ATTEST: CITY OF FO T WH: L"J?a By. . ity Secretary po&is'ta—ntty a A Manager APPROVED AS TO SUMMIT CONSULTANTS, INC.: FORM AND LEGALITY: Assistant City Attorney nett S. Brown, P. E. Principal Gontract Authorization Date SUMMIT CONSULTANTS,INC.CONSULTING CONTRACT HVAC ANALYSIS-WILL ROGERS MEMORIAL CENTER Page 7 of 7 t, n ?' CsFA ! W,6� c CRY SVJIIV4 ' if. WOHN, I SSRI ATTACHMENT A Will Rogers Memorial Center—HVAC Systems Analysis SCOPE OF SERVICES: BASIC SERVICES Summit will provide the above listed engineering services for the analysis of chilled water utilization deficiencies at the facility and analysis of comfort control of the John Justin Arena during special events. Basic services will include an analysis of the existing systems with recommendations for system revisions. Basic services does not include preparation of construction documents. Services will specifically include: Analysis of Central Plant Chilled Water and Chiller Equipment Utilization: • Develop Piping and Equipment Diagram of Central Plant • Develop Piping Diagram of Secondary Chilled Water Branches • Survey Plant Engineers and Historical Trend Data for Actual Performance Characteristics of Secondary Chilled Water Branches (Buildings) • Verify Actual Performance (Water Flow and Temperature) with Test and Balance Contractor. Estimated Maximum of 8 hours Test and Balance work. • Report Findings and Recommendations for improvements to piping and equipment. Budget pricing will be provided for recommendations. Analysis of John Justin Arena Comfort Control - Outside Air Infiltration: • Analysis of Capacities and Capabilities of existing HVAC equipment • Verify Actual Performance (Water Flow and Temperature) with Test and Balance Contractor. Estimated Maximum of 8 hours Test and Balance work. • Prepare Options for Minimizing Outdoor Air Infiltration during special events. • Report Findings and Recommendations for additions to the Arena HVAC systems. Budget pricing will be provided for recommendations. . WORTH, XiZ. Analysis of current water treatment conditions: • Assess current water treatment conditions at the facility. Inspection of open and closed loop systems to be included. Provide a written report of findings. ADDITIONAL SERVICES (IF REQUESTED): • Preparation of Construction documents for changes approved during the Basic Services phase of this contract. 4 Attachment B COMPENSATION FOR ENGINEERING SERVICES: Summit Consultants, Inc. will be paid for Basic Services on the basis of direct salary cost times 2.8. The not to exceed fee for the Basic Services work is $9,300.00. The breakdown of not to exceed fee is as shown below. Analysis of Central Plant Chilled Water and Chiller Equipment Utilization $4,000.00 Test And Balance Services For Central Plant Study $1,000.00 Analysis of John Justin Arena Comfort Control - Outside Air Infiltration $3,200.00 Test And Balance Services For John Justin Arena $ 500.00 Analysis and Report of Current Water Treatment Conditions $ 600.00 Total $9,300.00 Reimbursables: limited to travel outside Dallas or Tarrant County(None anticipated) Statements for services will be submitted monthly and will be due upon receipt. A 2% discount will be credited to the account if payment for services is received by Summit Consultants, Inc. within ten days of the date of the statement. The payment schedule shall be based upon a monthly estimate of completion of the work. ACORD_ CERTIFICATE 4F LIABILITY INSURANCE OP ID O DATE(MMADD/YYYY) SUMNrl-2 03/22/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Brants Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1600 West Seventh Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Worth TX 76102-2505 Phone: 817-336-3030 Fax:817-336-8257 INSURERS AFFORDING COVERAGE NAIC# INSURED - - -- - - -- INSURER A-. - --- —— - - 7ransyortetion Ik�eUrance Co INSURER B: Hartford Insurance Company 22357 Summit Consultants Inc. INS7JRERc I4r. Brian Richards Twin City Fire Mwurenae Co. 1300 Summit Avenue Suite 420 INSURER Everest National Ins Co Ft. Worth TX 76102 -- - INSURER E. COVERAGES P iE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMIT S MOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD" DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 2026681650 11/01/03 11/01/04 PREMISES(Eaoccurence) $100,000 CLAIMS MADE X] OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE s2,000,000 GEN'LAGGRFGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $2,000,000 POLICY jECoT LOC Emp Ben. 1,000,000 AUTOMOBILE LIABILITY B X X ANY AUTO 46UECTU2885 11/01/03 11/01/04 CSINGLE LIMIT $1,000,000 accident)(Ea ccident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESSAJMBRELLA LIABILITY j EACH OCCURRENCE $1,000,000 A OCCUR F-I CLAIMS MADE 2026681650 11/01/03 11/01/04 AGGREGATE $ 1,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY C ANY PROPRIEfORIPARTNEWEXECUTIVE 46WBCGC5564 11/01/03 11/01/04 El EACH AccloenR $500,000 OFFICERIMEMBER EXCLUDEDI El DISEASE EA EMPLOYEE $500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $500,000 OTHER D Profession Liab 48AE001822-031 09/24/03 09/24/04 Agg/Occ 1,000,000 Retention 10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as an additional insured of the general liabilty & automobile policies. A waiver of subrogation applies to the general liabilty, autom bile & workers' compensation policies. A 30 day notice of cancellation applies to the automobile policy & workers' compensation policy only. CERTIFICATE HOLDER CANCELLATION CITYOFF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATII City of Fort Worth DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAL. 10 DAYS WRfM Mr. Kirk Slaughter NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHAW Director of Public Events IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UINSURER,ITS AGENTS OR 1000 Throckmorton Street Fort Worth TX 76102-6312 REPRESENTATIVES. AUTHORIZE PRESENTATIVE - - �II gzi - -. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. FL .VErli, V.