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HomeMy WebLinkAboutContract 46835 { 2 1�cE`1VED '� CITY SECRrETAWr�r c CONTRACT N0, `KF' 2CJZr CITY OF FORT WORTH, TEXAS ' ^' STANDARD AGREEMENT FOR PROFESSIONAL SERVICES 9s b is AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ITY"), and CP&Y, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as Primary Clarifier Process Evaluation for Village Creek Water Reclamation Facility. Article I Scope of Services 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 Primary Clarifier Process Evaluation for Village Creek Water Reclamation Facility. (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 Primary Clarifier Process Evaluation for Village Creek Water Reclamation Facility. (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 $49,100 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 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 OFFICIAL RECORD Standard Agreement for Professional Services Paget of gale:9/24/2014 CITY SECRETARY ' FT.WORTH,TX v� 4-t14l'o^aC y City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 2 of 9 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 12 months, 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 Dale:9/24/2014 Page 3 of 9 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 City of Fort Worth Water Department, Attention: Ana Pena PE, 1000 Throckmorton 2nd floor, 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 Forl Worlh,Texas Standard Agreement for Professional Services Revision Dale:9/2 412 01 4 Page 4 of 9 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. 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 Revision Date:9/24/2014 Page 5 of 9 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 6 o(9 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 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 Revision Date:9/24/2014 Page 7 of 9 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: Ana Pena, P.E. Village Creek Water Treatment Plant 4500 Wilma Lane, Arlington, Texas 76012 Consultant: CP&Y, Inc. Attn: Guang Zhu 115 West 7th Street Ste 1500 Fort Worth TX 76102 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 8 of 9 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 the 01--day o 0 0/< BY. BY: CITY OF FORT WORTH ENGINEER CP&Y, Inc Femando Costa William Carroll, PE Assistant City Manager Principal Date: Date: � !S '-m` APPROVAL RECOMMENDED: Andrew T. Cronberg, P.E. -Assistant Director, Water Department APPROVED AS TO FORM AND LEGALITY M&C No.: By: M&C Date: Douglas W. Black Assistant City Attorney ATTEST: 0 L�$ 0y 8 MaJ. Ka �0000� City Secreta 4" AS City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Date:9/24/2014 Page 9 of 9 FT,WORTH,TX T5 City Secretary Contract No. ATTACHMENT A SCOPE OF SERVICES ENGINEERING AGREEMENT BETWEEN CITY OF FORT WORTH AND CP&Y, INC. FOR PRIMARY CLARIFIER PROCESS EVALUATION FOR VILLAGE CREEK WATER RECLAMATION FACILITY In 2013, CP&Y (Engineer) completed a process evaluation (previous study) on the primary clarifiers of low-dosage chemically enhanced primary treatment (L-CEPTTM) process for improving the performance of Primary Clarifiers at the Village Creek Water Reclamation Facility (VCWRF)_ The City of Fort Worth (City) is looking for Engineer to perform another phase of evaluation (current study) after the changes in the raw wastewater characteristics due to process changes at City's water treatment plants (WTPs). This scope of work is to conduct new bench-scale tests requested by the City for the current study under the following tasks: (1) Task I: perform existing primary clarifier performance tests, (2) Task II: perform bench-scale jar tests with chemical additions, (3) Task III: prepare an executive summary report of the results from all jar tests conducted in the previous and current studies, and Task IV: provided technical assistance in pilot-scale test, if the task is proceeded. Tasks I and II will be performed concurrently so the test results from Task I can be used to establish a baseline for the bench-scale jar tests in Task 11. The following engineering activities are identified by Engineer for the current study for the VCWRF: Task I: Existing Primary Clarifier Performance Tests 1-1 Samples Collection and Preparation for Lab Analysis 1-2 Field Tests 1-3 Data Summary Task II: Bench-Scale Jar Tests II-1 Preparation II-2 Bench-Scale Jar Tests 11-3 Data Summary Task 111: Executive Summary Report Contract No.— Page-1 October 20,2014 III-1 Data Compilation III-2 Executive Summary Report The work described below refers to the engineering activities proposed for the current study. Task IV: Assistance in Pilot-Scale Tests (Additional) Task Items under Basic Services As part of the professional engineering services proposed to complete the current study, the Engineer will perform the following Task Items under Basic Services with assistance from the City: Task I Existing Primary Clarifier Performance Tests Task 1-1 Samples Collection and Preparation for Lab Analysis 1. Three (3) primary clarifiers will be tested. One (1) of the small and two (2) of the larger primary clarifiers. 2. Samples will be collected from the following locations: a. 2 sampling points in the influent flumes to the larger primary clarifiers b. 1 sampling point in the small primary clarifier influent flume c. 3 primary effluent points Cl. 3 primary sludge points 3. Engineer will revise the sampling and analysis schedule used in the previous study for use in the current study. The revised schedule will be submitted to the City for review. Engineer will finalize the schedule to incorporate review comments by the City. 4. Engineer will assist the City's staff in collecting samples in accordance with the schedule. Nine (9) daily grab samples will be collected at maximum for twenty (20) days during accumulative four (4) weeks duration. 5. Engineer will assist the City's staff in preparing samples for analysis by City's laboratory in accordance with the schedule. Three (3) daily grab samples will be prepared at maximum for twenty (20) days during accumulative four (4) weeks duration. Samples will be placed at a designated place inside the cooler at VCWRF lab. Task 1-2 Field Tests 1. City's staff will analyze samples collected for the clarifier performance tests in accordance with the schedule. 2. City will provide chemical reagents used by the HACH test kits for analyzing the performance test samples at VCWRF lab in accordance with the schedule. Contract No.— Page-2 October 20,2014 3. Engineer will analyze samples collected for the clarifier performance tests as additional services. See details for the Task Items under Additional Services. Task 1-3 Data Summary 1. Engineer will assist City in compiling experimental data obtained from the performance tests. 2. Engineer will summarize the experimental results, including a mass balance. Information will be digitally delivered in a summary table in Excel file format. A detailed evaluation report is considered additional work. Task II: Bench-Scale Jar Tests Task II-1 Preparation 1. Engineer will revise the protocol used in the previous study for the bench-scale jar tests requested for the current study. The revised protocol will be submitted to the City for review. Engineer will finalize the protocol to incorporate review comments by the City. 2. Engineer will revise the sampling and analysis schedule for the bench-scale tests. The revised schedule will be submitted to City for review. Engineer will finalize the schedule to incorporate review comments by City. 3. Engineer will coordinate with chemical suppliers to obtain ferric chloride, GBT polymer, and magnesium hydroxide solutions used in the jar tests. The City will provide ferric sulfate solution used in the jar tests. 4. City will provide a standard six-paddle jar test machine with six (6) 2-L B-Ker2 jars. 5. Engineer will provide experimental supplies up to $250.00. Task II-2 Bench-Scale Jar Tests 1. Engineer will perform the bench-scale jar tests at VCWRF lab in accordance with the protocol. a. The chemical combinations tested in the jar tests are as follows: i. Ferric sulfate w/ polymer ii. Ferric sulfate after adding magnesium hydroxide iii. Ferric chloride iv. Ferric chloride w/ polymer V. Ferric chloride after adding magnesium hydroxide b. Engineer will calculate chemical dosages and prepare stock solutions. Contract No.— Page-3 October 20,2014 c. Engineer will collect raw samples from the influent flumes to the primary clarifiers and prepare the daily testing sample for the jar tests. d. Engineer will perform three (3) daily jar test runs at maximum for sixteen (16) days during accumulative four (4) weeks duration. i. Two (2) daily runs will be performed at different chemical combinations in accordance with the schedule. ii. One (1) daily run will be performed for preparing samples for analysis by City's laboratory in accordance with the schedule. e. Engineer will prepare samples from the jar tests for analysis by City's laboratory in accordance with the schedule. Samples will be placed at a designated place inside the cooler at VCWRF lab. 2. Engineer will analyze samples from the jar tests in accordance with the schedule. 3. City will provide chemical reagents used by the HACH test kits for analyzing the jar test samples at VCWRF lab in accordance with the schedule. 4. City will provide lab analytical work in accordance with the schedule. Task II-3 Data Summary 1. Engineer will compile experimental data obtained from the jar tests. 2. Engineer will summarize the experimental results. Information will be digitally delivered in a summary table in Excel file format. A detailed evaluation report is considered additional work. Task III: Executive Summary Report Task III-1 Data Compilation 1. Engineer will compile experimental data from all jar tests conducted in the previous and current studies. 2. Engineer will compile the experimental data obtained during the following time periods in the previous study: a. August 13 through 16, 2012 b. August 20 through 23, 2012 c. On September 13, 2012 d. May 21 through 23, 2013 Contract No.— Page-4 October 20, 2014 Task III-2 Executive Summary Report 1. Engineer will summarize the results in a simple executive summary type report. Detailed experimental results from the previous and current studies will be included as attachments to the report. A detailed evaluation report is considered additional work. 2. Engineer will attend a 4-hr workshop to go over the results. Task IV: Assistance in ClearCove Pilot-Scale Tests (Additional) Engineer will develop itemized subtasks as additional services per request by the City after the completion of Tasks I and II, if the task is proceeded. See details for the Task Items under Additional Services. Task Items under Additional Services Engineer will perform the following Task Items under Additional Services per further request by the City: Task 1-2 Field Tests (Additional) 1. Engineer will analyze samples collected for the clarifier performance tests using the HACH test kits at VCWRF lab in accordance with the schedule. Task IV Assistance in ClearCove Pilot-Scale Tests (Additional) 1. Engineer will perform technical assistances under the subtasks to be developed later. Contract No__ Page-5 October 20,2014 ATTACHMENT B COMPENSATION PRIMARY CLARIFIER PROCESS EVALUATION FOR VILLAGE CREEK WATER RECLAMATION FACILITY City Project No. Lump Sum Project We propose to perform the Task Items under Basic Services described in this proposal at a lump sum fee of$24,900. A breakdown of the basic engineering fees is shown in Table 1. TABLE 1 ENGINEERING FEE BREAKDOWN FOR BASIC SERVICES Task Task Description Engineering Fees Anticipated Schedulea No. Four(4)weeks for sampling, Existing Primary Clarifier $1,800 testing and summary. Performance Tests Anticipate completing work in January 2015. Four(4) weeks for sampling, II Bench-Scale Jar Tests $19,500 testing and summary. Anticipate completing work in January 2015. One (1) week for data compilation and executive III Executive Summary Report $3,600 summary report. Anticipate completing work in February 2015. Total •00 Task I and II will be performed concurrently so the clarifier performance test results from Task I can be compared with the results from the bench-scale jar tests in Task 11. Contract No._ Page-6 October 20, 2014 Per further request by the City, Engineer will perform the Task Items under Additional Services described in this proposal at a lump sum fee of $4,200 for Task 1-2, and a lump sum fee of $20,000 for Task IV, respectively. A breakdown of the additional engineering fees is shown in Table 2. TABLE 2 ENGINEERING FEE BREAKDOWN FOR ADDITIONAL SERVICES Task Task Description Engineering Fees Remark Analyzing Samples for The additional services will 1-2 Clarifier Performance $4,200 be completed during Task I. Tests Total Lump Sum Fee $4,200 Providing technical sistances in the The additional services will as IV C sistanve pilot-scale $20,000 be completed at a date to determined later. tests Totaliii Contract No._ Page-7 October 20,2014