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HomeMy WebLinkAboutContract 46730 CITY&ECRETAW4 0—;k-, CONTRACT NO. CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Rehabilitation Resource Solutions, LLC an Ohio Limited Liability Corporation, an independent contractor ("Consultant"), for a PROJECT generally described as: Pipeline Rehabilitation Services. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Pipeline Rehabilitation Services. (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 $49,750.00 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 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 ;50 all claims or liabilities under this Agreement for anything related to, done, or furnished in mconnection with the services for which payment is made, including any act or omission of _r_1the City in connection with such services. m 0 c z O City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD N Revision Date:9/24/2014 Page 1 of 8 CITY SECRETARY FT. WORTH, TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Three hundred and Sixty Five (365) 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 Revision Date:9/24/2014 Page 2 of 8 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 $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 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 delivered to the Water Department, Attention: Mr. David Townsend, P. E., 1000 Throckmorton 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 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 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. 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 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. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 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 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-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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date.9/24/2014 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 of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 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 XIV 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 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: David Townsend, P.E., Water Department 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Rehabilitation Resource Solutions, LLC Attn: Norman E. Kampbell, P. E. 4862 Sarasota Court Hilliard, OH, 43026 Article XVI 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date 9/24/2014 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. Executed and effective this theLOk day o xL 2015. BY: ��«//// BY: CITY OF FORT WORTH ENGINEER Rehabilitation Resource Solutions, LLC. Fernando Costa Norman E. Kamp ell Assistant City Manager President l Date: <13/ Date: � APPROVAL RECOMMENDED.- By: ECOMMENDED:By: Andrew T. Cronberg, P. Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: N/A By: M&C Date: N/A Doug Black Senior Assistant City Attorney ATTEST: ���%,�1•� ° $per E $ ox s ° Mary J. K City Secretary 00000000 City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:9/24/2014 Page 8 of 8 FT.WORTH,TX ATTACHMENT A SCOPE OF WORK ATTACHMENT A TO AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF FORT WORTH AND REHABILITATION RESOURCE SOLUTIONS FOR PIPELINE REHABILITATION SERVICES SCOPE OF SERVICES Background The City of Fort Worth water distribution system and wastewater collection system includes more than 369 and 263 miles, respectfully, of large diameter interceptor sewers 24 inches in diameter or greater. The City has recognized the need to determine the condition of these vital sewers and develop recommendations for a long term capital improvement plan. As a result of these needs the City has initiated an Water Conservation Assessment Program (WCAP) for large diameter distribution lines and an Interceptor Condition Assessment Program (ICAP)for the large diameter interceptor sewers. A large portion of these pipes are comprised of Reinforced Concrete Pipe (RCP) and Pressure Pipe (PP) of various ASTM standards. In order to facilitate the most cost effective means of replacement or rehabilitation a detailed forensic analysis has been identified as the best performance based approach. Scope of Work Description The City of Fort Worth selected Rehabilitation Resource Solutions to provide engineering services as it pertains to Water and Wastewater pipeline replacement and/or rehabilitation. Deliverables of the project include the following and they are described in details elsewhere in this document; • Technical memorandums • Large diameter rehabilitation methods • In-House workshop(s) • RFP Assistance • FWWD's technical specification assistance Task 1: Obtain the current FWWD list of approved large diameter pipe rehabilitation methods and compare against those currently commercially available to the industry. Assist the FWWD in updating their listings to take advantage of proven technologies based upon size, geometry, and site specific working conditions that would govern their applicability. Task 1A: Prepare a draft rehabilitation memorandum regarding large diameter pipe rehabilitation methods that includes a decision making matrix for the FWWD team. Task 113: Conduct an in-house workshop with the FWWD team that presents the draft rehabilitation memorandum of Task 1A so as to facilitate a two-way discussion that allows RRS to build upon their experiences in their system so that the report can be refined (or tailored)to their specific needs. Task 1C: Produce the finished rehabilitation memorandum from the workshop's input and assist Attachment A Page 1 of 3 the FWWD team in implementation of the recommendations contained therein as they require. Task 1D: Incorporate Task 1 into the ICA and/or/WCAP annual reports that not only identifies the pipe segments in need of rehabilitation or replacement; but also the top three candidate rehabilitation methodologies that fit the conditions found during the assessment process. Task 2: Provide specialist technical assistance to the FWWD as their selected consultants enter the rehabilitation/replacement design process. Task 2A: Provide specialist technical assistance in the preparation of the RFP for the engineering services contract. Task 26: Participate in the project kick-off meeting. RRS would then remain in contact with the FWWD project manager throughout the design process providing specialist technical "coaching" as needed to facilitate the project manager's confidence in the particulars of the design components he/she are overseeing. Task 2C: Provide in-house specialist technical assistance in the review and acceptance of the design consultant's finished work products; engineering design technical memorandums, construction documents, etc. Task 3: Develop CIPP matrix for inclusion in FWWD's project plans and specifications. Task 3A: Develop a CIPP matrix for FWWD's technical specifications that can be given to the design consultant for use in his/her assigned project for the FWWD. Task 313: Develop a replacement/rehabilitation "alternative solutions submittal process"for design options. Task 3C: Prepare and conduct workshops at the FWWD's direction that equip the construction observers with the knowledge to confidently provide the oversight needed in the field to ensure that the contractor's team is following their stated"quality control" path. Task 4: Develop a manual of practice for using the information that can be obtained from routine maintenance operations to begin to produce a picture of their future rehabilitation and replacement needs in the water distribution system. Task 4A: Produce a written methodology for routinely evaluating the current condition of the cast iron or ductile pipe wall using the coupons produced when taps are made to the water distribution system. Also to be included in this condition assessment would be any sample pieces that can be obtained from any water repairs made that requires the removal of a segment of the existing water pipe. Task 413: Produce a written methodology for routinely performing a forensic evaluation of the cause(s) related to any breaks in the piping system. Task 4C: Produce a written methodology for routinely evaluating the current condition of the cement mortar lining from the samples obtained in Task 1A. Initial samples may need to be sent off for petrographic analysis; this information would be used to plan future liner maintenance. Attachment A Page 2 of 3 ATTACHMENT B Schedule of Costs PIPELINE REHABILITATION SERVICES Task 1 Review current FWWD list of approved large diameter pipe rehabilitation Total Estimated methods and compare against those currently commercially available to the Hours Total Fee industry.Assist the FWWD in updating their listings to take advantage of proven technologies based upon size,geometry,and site specific working conditions that would govern their applicability. A Prepare a draft rehabilitation memorandum regarding large diameter pipe rehabilitation 16 $2,880 methods that includes a decision making matrix for the FWWD team. Conduct an in-house workshop with the FWWD team that presents the draft rehabilitation memorandum of Task I so as to facilitate a two-way discussion that ]3 allows RRS to build upon their experiences in their system so that the report can be 12 $2,160 refined(or tailored)to their specific needs. Produce the finished rehabilitation memorandum from the workshop's input and assist C the FWWD team in implementation of the recommendations contained therein as they 4 $720 require. Incorporate Task 1 into the ICA and/or/WCAP annual reports that not only identifies the pipe segments in need of rehabilitation or replacement;but also the top three D candidate rehabilitation methodologies that fit the conditions found during the 20 $3,600 assessment process. Labor Cost Subtotal 52 $9,360 Expenses _ General Expenses $2,500 Printing&Plotting $400 Expenses Subtotal $2,900 Review current FWWD list of approved large diameter pipe rehabilitation methods and compare against those currently commercially available to the industry.Assist the FWWD in updating $12,260 their listings to take advantage of proven technologies based upon size, geometry,and site specific working conditions that would govern their applicability. Sub Total Task 1 Attachment B Page 1 of 3 Task 2 Provide specialist technical assistance to the FWWD as their selected consultants Total Estimated enter the rehabilitation/replac_ement design process. Hours Total Fee A Provide specialist technical assistance in the preparation of the RFP for the engineering 8 $1,440 services contract. Participate in the project kick-off meeting.RRS would then remain in contact with the B FWWD project manager throughout the design process providing specialist technical 10 $1,800 "coaching"as needed to facilitate the project manager's confidence in the particulars of the design components he/she are overseeing. Provide in-house specialist technical assistance in the review and acceptance of the C design consultant's finished work products;engineering design technical 10 $1,800 memorandums,construction documents,etc. Labor Cost Subtotal 28 $5,040 Expenses General Expenses $2,500 Printing&Plotting $400 Expenses Subtotal $2,900 Provide specialist technical assistance to the FWWD as their selected consultants enter the rehabilitation/replacement design process. Sub Total Task 2 $7,940 Task 3 Develop C1PP matrix for inclusion in FWWD's project plans and specifications. Total Estimated Hours Total Fee Develop a CIPP matrix for FWWD's technical specifications that can be given to the A design consultant for use in his/her assigned project for the FWWD. 20 $3,600 B Develop a replacement/rehabilitation "alternative solutions submittal process"for 8 $1,440 design options. Prepare and conduct workshops at the FWWD's direction that equip the construction observers with the knowledge to confidently provide the oversight needed in the field to C ensure that the contractor's team is following their stated "quality control" path. 16 $2,880 Labor Cost Subtotal 44 $7,920 Expenses General Expenses $2,500 Printing&Plotting $500 Expenses Subtotal $3,000 Develop CIDP matrix for inclusion in FWWD's project plans and specifications. Sub Total Task 3 $10,920 Task 4 Develop a manual of practice for using the information that can be obtained from Total Estimated routine maintenance operations to begin to produce a picture of their future Hours Total Fee rehabilitation and replacement needs in the water distribution system. Produce a written methodology for routinely evaluating the current condition of the cast iron or ductile pipe wall using the coupons produced when taps are made to the water A distribution system.Also to be included in this condition assessment would be any 36 $6,480 sample pieces that can be obtained from any water repairs made that requires the removal of a segment of the existing water pipe. Attachment B Page 2 of 3 Produce a written methodology for routinely performing a forensic evaluation of the B cause(s)related to any breaks in the piping system. 16 $2,880 Produce a written methodology for routinely evaluating the current condition of the cement mortar lining from the samples obtained in Task IA.Initial samples may need to C be sent off for petrographic analysis;this information would be used to plan future liner 24 $4,320 maintenance. Labor Cost Subtotal c 76 $13,680 Expenses General Expenses $2,500 6 Petrographic samples analyzed by a specialist $2,250 Printing&Plotting $200 Expenses Subtotal $4,950 Develop a manual of practice for using the information that can be obtained from routine maintenance operations to begin to produce a picture of their future rehabilitation and $18,630 replacement needs in the water distribution system. Sub Total Task 4 TOTAL ENGINEERING COSTS FOR Attachment B Page 3 of 3