HomeMy WebLinkAboutContract 58407 CITY OF FORT WORTH, TEXAS CSC NO. 58407
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the
"CITY"), and Summit Consultants, Inc., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: Meacham
International Airport Terminal Building— Meacham Airport (HVAC) Commissioning.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "K—Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form.
Attachments "A" and "B", which are attached hereto and incorporated herein, are made a
part of this Agreement for all purposes. In the event of any conflict between the terms and
conditions of Attachments "A" or "B" and the terms and conditions set forth in the body of
this Agreement, the terms and conditions of this Agreement shall control.
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 Meacham Airport Commissioning.
(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 "K. Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
'W'. However, the total fee paid by the City shall not exceed a total of$34,800.00 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 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.
OFFICIAL RECORD
CITY SECRETARY
City of Fort Worth,Texas—Standard Agreement for Professional Services(Rev.27Sept2021) Page 1 of 8
Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning FT. WORTH, TX September 2022
Article III
Term
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of two
years, 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.
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
$2,000,000 aggregate
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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 Architectural Services,
Attention: Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, 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.
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.
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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
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 II of this Agreement.
(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
City of Fort Worth,Texas—Standard Agreement for Professional Services(Rev.27Sept2021) Page 4 of 8
Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning September 2022
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 aeeerdanee with the Git yes B Usiness Diversity CnteFpFmse nrdinanee No. 20020 17_704 1,
amended,as
the Gity has goals for the paFtiGipatien of minority business enterpris
and SBE goals established fbr this AgFeernent and its aGGepted written Gernmitmen
MBE and CRC naTtiGiinaatie� y misren�senttion of faGts (other than a negligent
rnisFepFesentatien) and/or the Gernmission of fFaud by the Consultant may result On the
neried of time of net 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 interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
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Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning September 2022
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: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76102
Consultant:
Summit Consultants, Inc.
Attn: Garrett Brown, P.E., CxA
1300 Summit Ave., Suite 500
Fort Worth, Texas 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.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation
for all employees, and upon request, provide City with copies of all 1-9 forms and
supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no
services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the
verification requirements required by this Agreement. Vendor shall indemnify City from any
penalties or liabilities due to violations of this provision. City shall have the right to
immediately terminate this Agreement for violations of this provision by Vendor.
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Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning September 2022
No Boycott of Israel
If Contractor has fewer than 10 employees or the Agreement is for less than $100,000,
this section does not apply. Contractor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, 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 Agreement, Contractor certifies that Contractor's signature provides
written verification to City that Contractor: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
Prohibition on Boycotting Energy Companies
Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government
Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more,
which will be paid wholly or partly from public funds of the City, with a company (with 10
or more full-time employees) unless the contract contains a written verification from the
company that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of the contract. The terms "boycott energy company" and
"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this
Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is
prohibited from entering into a contract for goods or services that has a value of
$100,000 or more which will be paid wholly or partly from public funds of the City, with a
company (with 10 or more full-time employees) unless the contract contains a written
verification from the company that it: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2)
will not discriminate during the term of the contract against a firearm entity or firearm
trade association. The terms "discriminate," "firearm entity" and "firearm trade
association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the
extent that Chapter 2274 of the Government Code is applicable to this Agreement,
by signing this Agreement, Vendor certifies that Vendor's signature provides
written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate against a firearm entity or firearm trade
association during the term of this Agreement.
City of Fort Worth,Texas—Standard Agreement for Professional Services(Rev.27Sept2021) Page 7 of 8
Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning September 2022
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
gyp administration of this contract, including
By. Dana Burghdoff( 21,20 14:32CDT) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: OU 21, 2022
Approval Recommended: Name: Brian Glass
Title: City Architect
Approved as to Form and Legality:
By:
Name: Steve Cooke
Title: Director, Property Management Dept. sty
�4�poRp�no By:
Attest: �OO'�d Name: John B. Strong
oo ° Title: Assistant City Attorney
aa4p nEXPsod
Contract Authorization: N/A
By: etteS.Goodall(Nov 8,202210: S, M&C: Not Required
Name: Jannette Goodall
Title: City Secretary
VENDOR:
Summit Consultants, Inc. OFFICIAL RECORD
CITY SECRETARY
By: 95 nett Brown(Sep 26,2022 09:07 CDT)
Name: Garrett Brown, P.E., CxA FT. WORTH, TX
Title: Vice-President
Date: Sep 26, 2022
City of Fort Worth,Texas—Standard Agreement for Professional Services(Rev.27Sept2021) Page 8 of 8
Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning September 2022
Summit ATTACHMENT "A"
C ON 5 U LT ANTS , IN
Mr. Alfonso Meza August 30, 2022
Property Management
City of Fort Worth
Re: Meacham Airport Commissioning
Mr. Meza:
Summit Consultants, Inc. (Summit) is pleased to offer the following proposal for the
provision of Commissioning services for the referenced project. It is understood that the
60,000 SF 3 story building is served by a VRF HVAC system that includes a 100%
outside air unit. It is also understood that the City of Fort Worth has requested Summit to
provide a set of as-built mechanical drawings.
Commissioning Scope of Work:
• Development of the Commissioning Plan to include:
- installation checklists
- pre-functional (start-up) checklists
-functional performance procedures
- contractor responsibilities
■ Review of Construction Documents
■ Submittal Reviews
■ Verify Pre-Functional (Start-Up) Checklists Completed by
Contractor
■ Functional Performance Testing
■ Tracking of Issues Log and Contractor Remedy
■ Commissioning Report
Equipment Scope:
• (7) Air handling Units
• (1) 100% Outside Air Unit
• (67)VRF Fan Coil Units
• (15) VRF Condensing Units
Summit will also provide as built drawings of the existing mechanical system as requested
Alternate 1: Summit will provide power quality logging at main service entrance. Power
logging will be for 30 days and will include a report on findings.
Alternate 2: Summit will provide an electrical design and cost estimate for the installation of
a standby generator system with capacity to meet the electrical demand of the entire Airport
terminal building.
Alternate 3: Summit will provide an engineering evaluation of the existing building lightning
protection systems and surge suppression systems. Summit will provide a report on
findings and recommendations.
COMPENSATION FOR COMMISSIONING SERVICES:
SCOPE AMT. DUE
Meacham Airport Terminal Commissioning and As- $24,300.00
Built Drawings
8/30/2022
Page 2
Alternate 1: Power Quality Logging and Report $2000.00
Alternate 2: Full Building Standby Generator $7000.00
Design
Alternate 3: Evaluation of Lightning Protection $1500.00
/Sure Protection Systems
If this proposal meets with your approval please issue a Purchase Order with standard
terms and conditions for the City of Fort Worth.
Sincerely,
Summit Consultants, Inc
JW`�—
Caarrett Brown, P.E., CxA
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
SUMMIT CONSULTANTS, INC.
1300 SUMMIT AVE., SUITE 500
FORT WORTH, TEXAS 76102
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has
been granted by proper order, resolution, ordinance or other authorization of Consultant. City is
fully entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten
(10) business days if there are any changes to the signatory authority. City is entitled to rely on
any current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
nett Brown(Sep 26,2022 09:07 CDT)
Signature of President/ CEO
Other Title: Principal
Date: Sep 26, 2022
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Meacham International Airport Terminal Bldg.—Meacham Airport(HVAC)Commissioning—Atch.B September 2022