Loading...
HomeMy WebLinkAboutContract 47197 (2)ij b jf7 SECRETA Cr#ORACT NO. , 'I CITY OF FORT WORTH, TEXAS STANDARD AGRE FIUIENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality (the "CITY"), and Rone Engineering Services, LTD., authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: Village Creek Water Reclamation Facility, Existing Return Sludge Pump Station #5 Building (RS5) Roof Replacement. Article 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 the City of Fort Worth Water Department, Fort Worth, Texas. (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 it I writing. it is spec f ically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation 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 $1,329.00, 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. City of Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 8 October 2015 Article III Term Unless terminated pursuant to the terms herein, this Agreement shall begin upon the date of its execution, and terminate with the completion of construction services and final acceptance of the Project by the City. 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement Page 2 of 8 October 2015 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 Property Management Department, Attention: Brian R Glass, AIA, Architectural Services Manager, 401 West 13th Street, 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. 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement Page 3 of 8 October 2015 g. 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 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. 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist, RS-5 Bldg. Roof Replacement Page4of8 October 2015 (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 Attachment "A' 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 o r 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 n ormal 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 e xpiration 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 o rder 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement Page 5 of 8 October 2015 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg, Roof Replacement Page 6 of 8 October 2015 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: Property Management Department 401 West 13th Street Fort Worth Texas 76102 Attn: Brian R Glass, AIA Architectural Services Manager Consultant: Rone Engineering Services, LTD. 3201 NE Loop 820 Suite 180 Fort Worth, Texas 76137 Attn: Lawrence Bracken Vice -President 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 Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement Page 7 of 8 October 2015 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 J'`!J day of /'Z&}4llZt4.r2O1 5. BY: CITY OF FORT WORTH Jesus J. Chapa Assistant City Manager Date: 0 APPROVAL RECOMMENDED: 1 By: /Clu.11 -13 it) ( Ott Steve Cooke, Director Property Management Department BY: CONSULTANT Rone Engineering Services, L Lawrence Bracken Vice -President Date: /t'//a,4 it r APPROVED AS TO FORM AND LEGALITY MC No.: Not Required By: Grant Jordan Assistant City Attorney AT EST: Miry City Se etar M&C Date: City of Ft. Worth, TX — Std. Agreement for Prof. Services (Rev. 24 Sept 2015) Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement OFFICIAL RECORD CITY SECRETARY Ft WORTH, TX Page 8of8 October 2015 RONE ENGINEERING October 6, 2015 Mr. Alfonso Meza City of Fort Worth 401 West 13th Street Fort Worth, Texas 76102 Reference: Dear Mr. Meza: ATTACHMENT "A" Village Creek Water Reclamation Pump Station # 5 (RS-5) Roof Replacement Arlington, Texas Proposal No. P-21760-15 Rone Engineering Services, Ltd. (Rone) understands that we have been selected based solely on our qualifications and that City of Fort Worth is currently negotiating scope and fees with only Rone at this time for quality control services for the referenced project. For the purpose of this proposal, we have estimated quantities and tests that will be required in accordance with the Plans and Specifications. This is only an estimate for budgetary purposes. The actual costs for CMT services can decrease or increase with changes in the scope of work or with the contractor's work method. Rone's total fee will be based on the actual amount of technician time and laboratory testing required for the project. These services will be performed on a unit price basis in accordance with the attached Schedule of Services and Fees. Rone meets the requirements of ASTM E329 and is an active participant in the CCRL and AMRL sample proficiency programs and is currently AASHTO accredited. Rone has experienced personnel to perform the necessary CMT services in accordance with the project specifications. By execution of the proposal, the undersigned Client acknowledges and agrees that the document entitled "Terms and Conditions" has been provided or made available to Client and Client agrees that such Terms and Conditions shall be applied to the present Proposal and shall be fully binding upon Client. The Terms and Conditions are fully incorporated into this Proposal by reference as if set forth at length. We appreciate the opportunity to submit this proposal for CMT services and look forward to working with you during the construction phase of this project. If there are any questions concerning this proposal or if we can be of further assistance, please contact us at your convenience. Respectfully submitted, Dane Campbell Estimator Rone Engineering Firm Registration Number F-1572 Dallas • Fort Worth • Austin • San Antonio • Houston Larry Bracken Vice President Page 1 of October 6, 2015 Proposal No. P-21760-15 RONE ENGINEERING SERVICES, LTD Construction Materials Engineering and Testing Basic Services and Cost Estimate Project: Village Creek Water Reclamation Pump Station # 5 (RS-5) Roof Replacement Arlington, Texas DESCRIPTION S ection J: Structural Steel Structural Steel Inspection (hourly, min. 5 hours) Structural Steel Inspection Overtime (hourly) U ltrasonic Steel Inspection (hourly, min. 5 hours) U ltrasonic Steel Inspection Overtime (hourly) Transportation Charge (trip) Engineering & Report Review (hourly) S ection N: Project Manager P roject Manager (hourly) ESTIMATED BUDGET City of Fort Worth By: P osition: Date: Estimated Unit Quantity Rate 15.0 0.0 0.0 0.0 3.0 1.8 1.0 $65.00 $108.00 $82.00 $123.00 $25.00 $105.00 $90.00 Proposal No. P-21760-15 Estimated Total $975.00 $0.00 $0.00 $0.00 $75.00 $189.00 $90.00 $1,329.00 Page 2 of,8 Assumptions The sampling/testing and observation noted in the proposal estimate represents all the services to be provided by Rone on this project unless additional services are requested by the client. No other sampling/testing or observation of any kind is included in this proposal estimate. We have estimated sampling/testing and observation quantities for this project based on our past experience with projects of similar type and scope. S tructural Steel N ote: If out of town Fabrication Inspection is required there will be an additional charge for travel. P roject Manager N ote: Requires five working days notice for project review letter. Limitations of Authority of Rone Rone is not authorized to release, revoke, alter or enlarge requirements of the Contract Documents. Rone will not approve or accept any portion of the work. Rone is providing sampling/testing/observation services as outlined in this proposal to verify compliance on a random basis at the frequencies indicated. Rone is not responsible for providing access to areas to be tested/observed unless specifically noted in this proposal. Rone has no authority to stop and/or reject any work performed on the project Rone will perform observations of ongoing construction, sampling/testing of materials as described in this proposal as requested by our client. Rone is not responsible for site safety. Additional services will be provided when required by the Architect/Engineer and authorized by the client. Page 3 of.8''5 Clarifications Rone's office is located at: 3201 NE Loop 820, Ste 180 Fort Worth, Texas 76137 Phone: 817-717-1040 Fax: 214-630-9819 Dispatch: 469-206-4853 469 206-4846 Rone sampling/testing/observation services must be scheduled through dispatch including cancellations. Our dispatch is available at the number noted above, Monday through Friday between the hours of 7:30am and 5:OOpm with the exception of Holidays. Calls received outside of this time frame will be handled by our voice mail system and will be checked the next working day morning. It is recommended that you schedule services through our dispatch during our regular working hours noted above. We require one working day (24 hours) advance notice for our services. Same day call -ins or after hour voice mail call -ins for work the following day are subject to the availability of personnel. Service is not guaranteed for same day call-in's. Reinforcing Steel Inspections require adequate lighting in order to perform the inspection The inspection needs to be scheduled during daylight hours and/or jobsite illumination needs to be provided by others in order to allow us to perform the required inspection. These inspections need to be scheduled independently of the concrete inspection. At your request, Rone's project manager will attend the pre -construction meeting for the project. Our project manager will answer any relevant questions regarding our service's for the project at that time. As the project progresses our project manager will be available to answer any questions you may have concerning our service's. Three (3) paper copies of test reports are included for mail distribution as directed by the client at no additional charge. Additional mail copies of test reports requested and approved by the client will be charged at $0.45 per page to cover copying and mailing costs. There is no charge for additional distribution through our e-mail and web distribution system. Compensation for our services will be based upon the actual sampling/testing/observations performed in accordance with the unit rates shown. The estimated budget that we have indicated is approximate and is based on our past experience with projects of similar type and scope. The estimated budget does not include cancellations/re-testing/re-inspection, and/or any changes and/or modifications to the contract documents. Page 4 of-8'5 Clarifications If Rone is selected to perform the sampling/testing/observation for the project we will require the following items in order to perform our services on your project. Two complete sets of drawings and specifications. Approved concrete mix designs for the project. Report distribution list. In addition, please be sure to add Rone to the distribution list for all addendums and revisions on the project and notification of pre -construction meetings, where applicable, regarding soils, piers, concrete, masonry and structural steel. All time is for a minimum of two hours or as noted. Overtime will be charged for all hours worked before 7:OOam and after 5 OOpm, for any time in excess of 8 hours per day or 40 hours per week, Saturdays, Sundays and Holidays. All time is Portal to Portal. Project Engineering services on materials engineering and testing for consultation, analysis, report preparation and review, supervision and scheduling of field and laboratory personnel will typically be 0.4 to 0.7 hours per report. This proposal is valid for sixty days from the listed proposal date. All Invoices for our services are payable within 30 days with no retainage. Page 5 of,E5-/_,!