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HomeMy WebLinkAboutContract 50427 CITY OF FORT WORTH, TEXAS ' SECRETARY ..,ONTRACT NO. 5Dga STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Conley Group, Inc., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Roof Replacement Project— Alliance Control Tower. The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services; 2. Attachment "A"— 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 as describe in "Proposal to Provide Consulting Services" dated February 12, 2018, attached hereto as Attachment "A". These services shall be performed in connection with Roof Replacement Project — Alliance Control Tower. (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 "A". 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 $61,000.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. n :City of Fort Worth,Texas cs p rMtandard Agreement for Professional Services C> ['fiievis' n 10 Date:2128/2018 agf OFFICIAL.RECORD m o N �Tf4 CITY SECRETARY _ t4�iO f1,TX 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. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of Duration of Construction, 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:2/28/2018 Page 2 of 10 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 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/28/2018 Page 3 of 10 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 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/28/2018 Page 4 of 10 (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 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:2/28/2018 Page 5 of 10 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 interpretation of this Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/28/2018 Page 6 of 10 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: Brian R. Glass, AIA Architectural Services Manager 401 West 13th Street Fort Worth, Texas 76102 Consultant: Conley Group, Inc. Attn: Mr. Bill Conley 5800 E. Campus Circle, Suite 250 Irving, Texas 75065 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:2/28/2018 Page 7 of 10 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. House Bill 89 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the 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 contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel;and(2) will not boycott Israel during the term of the contract. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/28/2018 Page 8 of 10 Article XVIII 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 day of March, 2018. BY: BY: CITY OF FORT WORTH CONSULTANT Conley Group, Inc. Jesus J. Chapa Bi Conley Assistant City Manager P sident Date: Date: 1z AR!0* APP AL,RECOMMENDED: B ,r.W e e Cooke Director, Property Management APPROVED AS TO FORM AND LEGALITY M&C No.: By: M&C Date: J n B. Strong Assistant City Att ey ATTEST: y Of Fo�T _ l �0 orm 1295 Certification: Mary a e Not Required City Secr ary qs CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this co�ntract,,including ensuring all performance and reporting requirements. ( � Brian R. Glass,AIA Architectural Services Manager City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECOIW Revision Date:2/28/2018 Page 9 of 10 CITY SECRETARY CITY FT,WORTH, ,WOR THG't 7X ATTACHMENT "A" PROPOSAL TO PROVIDE CONSULTING SERVICES 0 CONLEY CLIENT: CITY OF FORT WORTH GROUP MR. BRIAN GLASS DATE: FEBRUARY 12, 2018 PROJECT: ROOF CONSULTING SERVICES ROOF REPLACEMENT PROJECT—ALLIANCE CONTROL TOWER ROANOKE,TEXAS Conley Group Proposal#P 18-6131 Conley Group proposes to provide roof consulting services for a roof replacement project at Alliance Control Tower. The project scope is to remove and replace the existing low slope roof systems on all roof areas including the Control Tower, and the repair of the barrel vault roof on the main building. The roof replacement project is an initial phase of any overall capital improvement program planned for this facility. This proposal outlines roof consulting services to plan, design and manage a roof replacement project by providing project scope, bid services, contract administration and on-site project representation service during roof construction. ITEM #1: PROJECT DESIGN AND CONSTRUCTION DOCUMENTS Conley Group will conduct a review of the actual site/roof area conditions in order to refine scope parameters, coordinate with rooftop mechanical system upgrades by Summit Engineering, and finalize roof replacement system type and components. Based on final roof system selected; construction documents will be prepared to define the project and enable competitive bidding by the City. The construction documents will include: ■ Client/Owner furnished Contract and Procurement Documentation including General Conditions, Construction Contracts and Related Documentation. ■ Site Use Procedures and Construction Phasing Restrictions ■ Project and Component Warranty Requirements ■ Component and Material Outline Specifications ■ Scope of Work and Execution Outline ■ Roof Plans and Selected Details ■ Bid Form Customized for this Project. Conley Group will submit 50% and 95% Documents to City of Fort Worth for review and comment prior to completion of final "Issue for Bid"documents. CG-2018 PROPOSAL TO PROVIDE CONSULTING SERVICES PAGE 1 Conley Group,Inc.5800 E.Campus Circle I Suite 250 1 Irving,Texas 75063 1972-444-9020 CITY OF FORT WORTH ALLIANCE CONTROL TOWER ROOF REPLACEMENT CONLEY ROANOKE,TEXAS GROUP Conley Group will assist the City of Fort Worth during bidding of the project. Upon receipt of final bids, Conley Group will: ■ Review City tabulated bids for compliance with documents. ■ Assist the City in discussion of issues/questions with bidders regarding their submittal. ■ Communicate findings/recommendations to the City of Fort Worth. ITEM#2: CONSTRUCTION ADMINISTRATION AND PROJECT REPRESENTATION SERVICES ■ Provide, prior to and during the course of construction, review of manufacturer's and contractor's submittal data and drawings, noting deficiencies of proposed construction. ■ Prior to construction, provide counsel during pre-construction meeting regarding applicable restoration and related project work. A pre-construction conference shall be scheduled prior to commencement of field work. ■ Respond to project issues/RFI's/updates. ■ Review contractor applications for payment and requests for information/clarification to contract documents and provide recommendations. ■ Provide Project Representative to be on site during roof construction on a full-time basis for thirty-five (35) working days in order to verify the installation process, monitor/track necessary deck repairs/replacement, coordinate between owner/contractor/tenant and document quality assurance for the project. ■ Provide daily site visit reports. ■ Perform final punchlist observation. ■ Upon completion of construction of repairs and related work, provide a report of final observation prior to acceptance of the work. Initial forecast of construction duration is outlined in the Fee Summary. FEE SUMMARY Conley Group will provide the services outlined for the following lump sum fees: Item#1-Construction Documents and Bid Services—Low Slope Roof Replacement and Barrel Vault Roof Repair $22,300.00 Add for Design of Barrel Vault Roof Replacement (if required) $ 6,000.00 Item#2-Construction Administration/Project Representation Services- (Includes 35 days of On-Site Project Representation Services) $32,700.00 NOTES: 1. Special engineering services for structural, MEP, or environmental consultant are not anticipated to be required for this project, and are excluded from the scope of our proposal and proposed fees. CG-2018 PROPOSAL TO PROVIDE CONSULTING SERVICES PAGE 2 Conley Group,Inc.5800 E.Campus Circle I Suite 250 1 Irving,Texas 75063 1972-444-9020 CITY OF FORT WORTH ALLIANCE CONTROL TOWER ROOF REPLACEMENT ROANOKE, TEXAS CONLEY GROUP 2. The project scope and proposed fees exclude design or consulting services for replacement of the tensioned membrane cladding system on the cones of the Control Tower. If fewer project representation days are required to complete the roof project, a credit of$600.00 per day of unused Project Representative Services will be deducted from Item#2. ADDITIONAL SERVICES If directed by the Client to provide additional architectural, design, or management services not covered above, such service shall be proposed in writing and will be compensated via Change Order to this Agreement. 2018 BILLABLE RATE SCHEDULE-ADDITIONAL SERVICES: P'In ci al $225.00ihour Senior Architect/En ineer/Consultant $210.00/hour Senior Project Manager $175.00/hour Architect/En ineer/Consultant 7 $175.00/hour Project Manager $150.00/hour CADD/IT/Database Manager $105.00/hour Sr. Project Representative $95.00/hour -Registered Roof Observer $ 85.00/hour Administrative Assistant/Accounting $ 85.00/hour Project Representative $75.00/hour CADD Draftsman $70.00/hour Project Clerk/Data Entry $70.00/hour Mileage $ .545 a mile—IRS Allowable Rate Reimbursable s Travel, Subcontractors,etc.) Cost plus 10% LIMITATION OF LIABILITY/WARRANTIES Conley Group shall not be liable or responsible for, and it shall be saved and held harmless by Client from and against any and all claims and damages of every kind, for injury to or death of any person or persons and for any damage to or loss of property, arising out of or attributed directly or indirectly to the performance of this contract. The Client agrees that Conley Group shall provide only the services set out herein and that Conley Group makes no warranties, express or implied, with respect to products or their fitness for a particular purpose. Client agrees to look solely to the warranties made by the contractor and/or manufacturer of said products, including, without limitation, consequential damages arising out of the use of said products. The Client agrees to limit Conley Group (Consultant) liability to the Client and to all other parties involved with project, due to the Consultants opinions rendered, such that the total CG-2018 PROPOSAL TO PROVIDE CONSULTING SERVICES PAGE 3 Conley Group,Inc.5800 E.Campus Circle I Suite 250 1 Irving,Texas 75063 1972-444-9020 CITY OF FORT WORTH ALLIANCE CONTROL TOWER ROOF REPLACEMENT ROANOKE, TEXAS CONLEY GROUP aggregate liability to all those named shall not exceed the Consultant's total fee for services rendered on this project, not to exceed $50,000.00 " " Client Initials CHOICE OF LAW/VENUE This agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Tarrant County, Texas. STATEMENT OF JURISDICTION The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas. TEXAS BOARD OF ARCHITECTURAL EXAMINERS Hobby Building: 333 Guadalupe, Suite 2-350, Austin Texas 78701 Telephone(512) 305-9000: Fax (512) 305-8900 ACCEPTANCE The terms and conditions of this proposal are accepted on this_day of , 2018. CITY OF FORT WORTH CONLEY GROUP FORT WORTH, TEXAS IRVING, TEXAS %J By: By: Bill Conley Title: Title: President Date: Date: February 13, 2018 CG-2018 PROPOSAL TO PROVIDE CONSULTING SERVICES PAGE 4 Conley Group,Inc.5800 E.Campus Circle I Suite 250 1 Irving,Texas 75063 972-444-9020 ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY 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: �1 Position: �- Tl�� Signature 2. Name: KPW L�Cpv%Vet, Position:60o Signature 3. Name: Position: Signature Name: Signature o President/ O Other Title: Date: OP44 20)y City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:2/28/2018 Page 10 of 10