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HomeMy WebLinkAboutContract 56746 CSC No. 56746 CITY OF FORT WORTH, TEXAS AGREEMENT FOR ARCHITECTURAL SERVICES WRMC Auditorium Roof This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and The Chadwell Group, LP d/b/a ROOFTECH, authorized to do business in Texas, an independent contractor ("Architect"), for a PROJECT generally described as: WRMC Auditorium Roof. The Agreement documents shall include the following: 1 . This Standard Agreement for Professional Services; 2. Attachment "A"— Scope of Services; Attachment "A", 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 Attachment "A" 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 Service (1 ) Architect 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 Roof Assessment — Auditorium and Associated Roof Areas, Will Rogers Memorial Center. Nothing in Attachment "A" or any other Attachments to this Agreement shall be construed to change or modify any of the terms and conditions set forth in this Agreement. (2) If at any time in the course of the design, the City expands the scope of services, or the Architect believes the City has requested services that are beyond the scope of this Agreement, the Architect shall submit a proposal for additional fees and a written agreement shall be reached on said proposal prior to the Architect proceeding with the work considered to be beyond the scope of this Agreement. The Architect shall not perform any additional services without a written agreement with the City. Any services provided prior to reaching an agreement on additional fees will be non-com pen sable. (3) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Architect or its sub-consultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Architect shall not be compensated for any alleged additional work resulting from oral orders of any person. Standard Architectural Agreement OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX (4) The Architect shall advise the City as to the necessity of the City's providing or obtaining additional services and data from others required in connection with the Project at the City's cost and expense (which services and data the Architect is not to provide hereunder but on which the Architect may rely in performing services hereunder), and act as the City's representative in connection with any such services of others. (5) The Construction Budget for this project shall be $600,000.00. Article II Compensation (1) The Architect shall be compensated (Fee and Reimbursable Expenses) in accordance with the Fee Schedule shown in section (3) of this article. As described in Attachment "A". However the total fee paid by the City shall not exceed a total of $6,750.00 unless the City and the Architect mutually agree upon a fee amount for additional services and amend this Agreement accordingly. (2) Acceptance by Architect of said payment shall operate as and shall release the city from all claims or liabilities under this Agreement for payment for the services rendered and billed for which such payment is made, it being understood that pending claims for additional compensation properly made by the Architect pursuant to Article I shall not be encompassed by such release. (3) The Architect shall be paid the following percentages of the total fee at the following stages of the Project: a. Completion of Programming and Schematic Design and Opinion of Probable Construction Cost 20% b. Completion of Design Development and Opinion of Probable Construction Cost 40% c. Completion of Construction Documents and Opinion of Probable Construction Cost 75% d. Action by City Council to accept bids 80% e. Final acceptance of the Project by the City 100% However the total fee paid by the City shall not exceed a total as defined in Article 11, Compensation. Standard Architectural Agreement 9/27/2021 2 (4) Reimbursement of allowable expenses shall have prior approval of the City. Allowable expenses include: a. Printing Costs b. Renderings or Models for Public and City meetings c. Postage and Courier Expenses d. Travel, Mileage Only e. Other Costs with Prior Approval of the City. (5) The Architect 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 Architect's invoice for payment of same. (6) Acceptance by Architect 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. (7) Upon completion, the Architect may, at its option, utilize the Project to qualify for the Energy Efficient Commercial Building Federal Tax Deduction (179D) as permitted under IRS guidelines. If requested, the Owner shall acknowledge the Architect as the "Designer" of the Project by completing an allocation form (that Architect will provide) and shall allow the Architect's independent third-party evaluation firm (and its licensed inspector) reasonable access to perform a one- time, on-site inspection and certification of the Project's HVAC, interior lighting and/or building envelope systems. Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 30- months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. In the event construction services extends beyond the 18 months, an equitable adjustment to the Architectural Services Contract Sum will be made by Amendment. Standard Architectural Agreement 9/27/2021 3 Article IV Independent Contractor Architect shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Architect 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 respondeat superior shall not apply as between City and Architect, its officers, agents, employees, consultant, and sub-consultants, and nothing herein shall be construed as creating a partnership or joint venture between City and Architect. Article V Professional Competence and Indemnification (1) Work performed by Architect 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 Architect or its officers, agents, employees, consultants and sub- consultants for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271 .904, the Architect 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 consultant or sub-consultant committed by the Architect or Architect's agent, Architect under contract, or another entity over which the Architect's exercises control. Article VI Procedures for Providing Architectural Services (1) The Architect agrees to commit the personnel to each assignment of the Project as appropriate in order to complete the Project in an expeditious manner. The Architect shall meet with the City's staff as required during the duration of the project. The Architect will assign the following key personnel to this Project: Standard Architectural Agreement 9/27/2021 4 Principal in Charge: Cindy Chadwell Project Manager: Cindy Chadwell Project Architect: Cindy Chadwell The Architect may not change key personnel without the City's written approval. (2) Programming and Schematic Design Phase: a. The Architect shall become familiar with the site and scope of the Project. b. The Architect shall consult with the City to clarify and define the City's requirements relative to the Project and review available data. c. The Architect shall become familiar with the City's document "Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into all phases of the work. d. The Architect shall prepare a written Program Design Manual defining project goals, program, architectural concepts, site and floor plans, principal equipment, finishes and area-based cost estimates. e. The Architect shall pay for the printing of contract documents required for design submittals and presentations as a part of the reimbursable allowance. f. Architect shall not proceed to the Design Phase until the City has provided written approved of the Program Design Manual. (3) Design Phase: a. The Architect shall perform all services necessary to complete the design and secure a construction permit, including all services necessary to survey, plat, prepare and vacate easements and address any other property issues. b. The design shall include all site work, design and coordination of utilities, landscaping and facility design required for a complete and functional project. c. The Architect shall prepare presentation graphics (plans, elevations, etc.) and present at two (2) City meetings (if required) during the design of the project. d. The Architect shall prepare the design in two stages as follows: i. Design Development Phase: Preparation of architectural, civil, iSWM, structural, MEP plans, principal elevations, site plans, cartoon set, selection of principal equipment and finishes, and discipline-based opinion of probable construction costs. Upon written approval of this phase of the work, the Architect may proceed to the Construction Document Phase. Standard Architectural Agreement 9/27/2021 5 ii. Construction Document Phase: Preparation of details, architectural, structural, mechanical, electrical, and plumbing plans, finishes schedules, detailed technical specifications, and detailed opinion of probable construction costs. e. Drawings at all stages of design will have the following characteristics: scale for floor plans will be 1/8" or such other scale as may be agreed to in writing for all disciplines, elevations will be at same scale as floor plans, area plans will have same scale for all disciplines, site plans for all disciplines will be at same scale. f. The Architect shall provide such service as may be necessary for the building permits to be issued. The City shall pay any fees for such Building Permits. The City or contractor shall apply for building permits. g. The Architect, at the Architect's sole cost and expense, shall engage a Consultant to prepare "Elimination of Architectural Barriers Registration" and submit the applications to the Texas Department of Licensing and Regulation (TDLR). The Architect (if required) will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes. h. In the event the Project is constructed in accordance with the Architect's designs and is subsequently determined to be in non-conformance with the above Act, Codes or Texas Accessibility Standards, the City will bear the construction costs associated with enhancements. The Architect will reimburse the City for additional costs, charges or fees to replace or rework features that were constructed in accordance with the design but fail to meet applicable accessibility requirements or building codes in force at the time that the design was performed. i. The Architect shall upload the electronic files in PDF format to the City's online bidding site. (4) Bidding Phase: a. The Architect shall respond to Contractors' inquiries, prepare necessary addenda, and conduct the Pre-Proposal Conference, and participate in the General Contractor selection process. b. Following bidding, the Architect shall investigate the qualifications of up to five (5) bidders and make recommendations concerning the capability of the bidder to satisfactorily perform the Contract. (5) Responsibility for Construction Cost a. The Construction Budget for the Project shall be defined by the City. Standard Architectural Agreement 9/27/2021 6 b. The Architect shall provide to the City an opinion of probable construction cost at the submission of each phase. The City shall either approve the adjustment of the Construction Budget or direct the Architect to adjust the Project design, at no additional cost to the City, to stay within the previously approved Construction Budget. c. If the Construction Budget is exceeded by the lowest bona fide bid, the City may (1) award the contract, (2) abandon the project and terminate this agreement, or (3) cooperate in the reduction of the Project Scope and features as required to stay within the Construction Budget in order to rebid the Project. If the City decides to reduce the scope of the project and rebid, the Architect shall, without additional fee, modify the Drawings and Specifications as necessary to stay within the Construction Budget. In the event the City abandons the project, the City may terminate this Agreement in accordance with Article X, Termination of Contract. (6) Construction Phase: a. The Architect shall assist the City with review and approval of submittals and proposed change orders concerning the Contractor, and shall review and advise the City with respect to the resolution of construction issues, including Contractor Request for Information, Submittals, Change Orders, Contingency Allowance Forms, Field Orders, etc. The Architect shall visit the site at interval appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive of continuous on-site inspection to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the city reasonably informed about the progress and quality of the portion of the Work Completed and make written report to the City (1) known deficiencies from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. b. The Architect shall attend progress meeting at the job site. c. At the completion of construction, the Architect shall conduct and document the final inspection and assist the City on the resolution of construction or design deficiencies. d. The Architect will review contractor's pay requests. e. The Architect will conduct final acceptance and end of warranty inspections with representatives of the City and issue AIA G704 Certificate of Substantial Completion with City approval. f. The Architect shall provide electronic copies of the drawings and specifications in a format acceptable to the Contractor for the Contractor's preparation of Standard Architectural Agreement 9/27/2021 7 "Record Drawings" for the City's archives. g. At the end of the project, the Architect use field notes, contractor provided "Record Drawings" and other data will provide "As Built Drawings" in AutoCAD LT 2010 format or other format as determined by the City. (7) All designs, drawings, specifications, documents, and other work products of the Architect, whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the City or by others acting through or on behalf of the City of any such instruments of service without the written permission of the Architect will be at the City's sole risk. The City shall own the final designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. Article VII City Responsibilities (1) Ronnie Clements will act as the City's representative with respect to the Project for the purposes of transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to the Architect's services. (2) Provide criteria and information as to City's requirements. (3) Assist the Architect in obtaining existing studies, reports and other available data and services of others pertinent to the Project and in obtaining additional reports and data as required. (4) Upon reasonable notice arrange for access to and make all provisions for the Architect to enter upon public and private property as may be required for the Architect to perform services hereunder. (5) Review all reports, recommendations and other documents and provide written decisions pertaining thereto within a reasonable time. (6) Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Architect, obtain advice of an attorney, insurance counselor and other architects as it deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of Architect. (7) Provide "Instructions to Offerors" and "General Conditions" for use in assembling the Project construction contract documents. (8) Prepare easements and right-of-way acquisition conveyance documents, from descriptions provided by the Architect, contact owners, negotiate for or condemn all easements and right-of-way, pay all filing and legal fees associated therewith. Standard Architectural Agreement 9/27/2021 8 (9) Manage the advertisement and bidding of the project, issue addenda, distribute bid documents, award contract, and execute the contracts. (10) Administer the construction of the Project. (11) Provide inspection and management services. (12) Provide contractors' prepared field drawings to the Architect for review. (13) Pay all impact and utility fees and other fees not expressly assigned to the Architect. This includes fees charged by Oncor for new or revised service. (14) Bear all costs incident to compliance with this Article. Article VIII Insurance (1) Architect 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 Architect allow any subconsultants to commence work on its subcontract until all similar insurance of the subconsultants has been so obtained and approval given by the City; provided, however, Architect 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 general aggregate limit 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 Professional Liability Insurance $1,000,000 Errors & Omissions $2,000,000 Annual Aggregate (2) Additional Insurance Requirements Standard Architectural Agreement 9/27/2021 9 a. Except for employer's liability insurance coverage under Architect's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Architect'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 13t" Street, Fort Worth, Texas 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. 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 Architect's insurance. i. Architect'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, Architect 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. Architect's liability shall not be limited to the specified amounts of insurance required herein. Standard Architectural Agreement 9/27/2021 10 I. Upon the request of City, Architect shall provide complete copies of all insurance policies required by these Agreement documents. Article IX Transfer or Assignment City and Architect each bind themselves, and their lawful successors and assigns, to this Agreement. Architect, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article X Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days written notice. Either the City or the Architect 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 IX, upon receipt of notice of termination, Architect shall discontinue services rendered up to the date of such termination and City shall compensate Architect 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, Architects, or contractors, or prepared by Architect, 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 XI Right to Audit (1) Architect 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 Architect involving Standard Architectural Agreement 9/27/2021 11 transactions relating to this Agreement. Architect 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 Architect reasonable advance notice of intended audits. (2) Architect 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 Architect and any sub-consultant reasonable advance notice of intended audit. (3) Architect and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Architect for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Article XII Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 24534-11-2020, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Architect acknowledges the MBE and WBE goals established for this Agreement and its accepted written commitment to MBE and WBE participation. If a Business Equity Firm, Bidder, Contractor, Subcontractor, or supplier provides false or misleading information to the City in connection with submission of a bid, responses to requests for qualifications or proposals, Good Faith Efforts documentation, post-award compliance, or commits any other violations of this Article and/or the Program, it may result in a breach of Contract and the following sanctions and penalties A Bidder or Contractor who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. m. The failure of a Bidder or Contractor to comply with this Article or the Program where such non-compliance constitutes a material breach may result in the Bidder or Contractor being Debarred for a period of time of not less than one (1) year. The DVIN shall determine whether Debarment is appropriate. If it decides in the affirmative, DVIN shall send a written statement of facts and a recommendation for Standard Architectural Agreement 9/27/2021 12 Debarment to the City Manager. The City Manager, after consultation with the City Attorney's Office, shall make a decision regarding Debarment. If the City Manager upholds DVIN's recommendation for Debarment, the City Manager shall send a certified notice to the Bidder or Contractor informing them of the Debarment. A party that receives notification of Debarment may appeal to the Business Equity Board by giving written notice within ten (10) days from the date of receipt of notice of Debarment to the City Manager and the Business Equity Board of its request for an appeal of the Debarment. Article XIII Observe and Comply Architect 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. Architect 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 XIV 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 XV 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 XVI Standard Architectural Agreement 9/27/2021 13 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 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 (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-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. Article XVIII No Boycott of Israel If Architect has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Architect 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, Architect certifies that Architect's signature provides written verification to City that Architect: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Standard Architectural Agreement 9/27/2021 14 Article XIX 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. Article XX 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. Article XXI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by Standard Architectural Agreement 9/27/2021 15 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 Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 13t" Street Fort Worth, Texas 76103 Architect: The Chadwell Group, LP d/b/a ROOFTECH Attn: Cindy L. Chadwell, AIA, RRC 1944 Handley Drive Fort Worth, Texas 76112 Article XX 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. Standard Architectural Agreement 9/27/2021 16 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 19ana 24L( hldo administration of this contract, including By: Lana Burghdoff(Nov 29,202114:18 CST) ensuring all performance and reporting Name: Dana Burghdoff, AICP requirements. Title: Assistant City Manager Date: Nov 29, 2021 By. �•IVy�• . Approval Recommended: Name: Brian Glass Title: City Architect Approved as to Form and Legality: By, Steve 6,202111:36 CST) Name: Steve Cooke Title: Director, Property Management Dept. �g s By. JB Strong(Nov ,202113:50 CS1 Attest: Name: John B. Strong Title: Assistant City Attorney Contract Authorization: By: 'O^ M&C: n/a Name: Ronald Gonzales pa44�oann� b�FORT �a Title: Acting City Secretary /Iia!���`*T o 0000000000000 o1 oo o. o° o =a�p�dd VENDOR: n rexasaa �bUnaa4o The Chadwell Group, LP d/b/a ROOFTECH By: Name: Cindy L. Chadwell Title: President/CEO Date: Nov 1, 2021 OFFICIAL RECORD Standard Architectural Agreement CITY SECRETARY FT.WORTH, TX 17 Attachment"A" ROOFTECH ROOFING and WATERPROOFING SPECIALISTS 1944 Handley Drive,Fort Worth,Texas 76112 8151 Broadway,Ste.109-b,San Antonio,Tx 78209 PROPOSAL FOR PROFESSIONAL SERVICES October 7, 2021 Mr. Ronald Clements Registered Architect Property Management Department 401 West 13t" Street Fort Worth, Texas 76102 817.392.8014 Office ronald.clements(ufortworthtexas.gov Project: Roof Assessment —Auditorium and Associated Roof Areas Will Rogers Memorial Center Fort Worth, TX Re: Letter of Proposal for Professional Services WE PROPOSE TO PROVIDE THE FOLLOWING PROFESSIONAL SERVICES: • Review as-built drawings of the building if available. • Review performance history of the roof with facility maintenance personnel. • View the underside of the roof deck where reasonably accessible. • Perform a thorough visual inspection of the roofs on the building. • Take roof cores to determine existing roof assembly and current R-value. • Perform an infrared scan (at night) of the roof to determine if there is any wet insulation and/or roof membrane. Mark the roof where any wet materials are found. • Verify identified wet areas with an electrical capacitance meter, Tramex moisture meter, and/or cores the following day. • Take photographs of deficiencies on the roof. • Evaluate the slope of the roof to ensure that the roof properly drains. • Evaluate roof drainage and adequacy of roof drainage devices. • Provide a report documenting the findings. • Recommend appropriate general scope of work to extend the life of the roofs 20 years. • Provide an opinion of probable construction cost with an escalation rate. PROPOSAL FOR CONSULTING SERVICES PAGE 1 Fort Worth Convention Center WE PROPOSE TO PROVIDE THE SCOPE OF WORK DESCRIBED ABOVE ACCORDING TO THE FOLLOWING FEE SCHEDULE: Work will be provided for a lump sum fee of Six Thousand Seven Hundred and Fifty Dollars and No/100's ($6,750.00) including reimbursable expenses. The fee shall be paid based upon completion. Thank you for considering Rooftech, and we look forward to working with you in solving your roofing problems. Please read the attached Conditions of the Contract before signing this proposal. Respectfully Submitted By Ci A,-.Ri C Rooftech, President/CEO PROPOSAL FOR CONSULTING SERVICES PAGE 2 Fort Worth Convention Center CONDITIONS OF THE CONTRACT 1. Cost estimates are made on the bases of experience and represent our best estimates. ROOFTECH,cannot, and does not, guarantee that proposals, bids or actual Project or Construction Costs will not vary from opinions of probable cost prepared by us. 2. All documents, including Drawings and Specifications, prepared by ROOFTECH are instruments of service in respect to this Project and are not intended, or represented to be suitable for reuse by Owner or others on extensions of the Project or any other project. 3. ROOFTECH shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) or the safety precautions and programs incident to the workof the Contractor(s). 4. Jobsite observations shall be made as specified within this document. During such observations, ROOFTECH, shall keep the Owner advised as to the progress, shall endeavor to guard Owner against defects and deficiencies in such work, and may disapprove or reject work failing to conform to the Contract Documents. ROOFTECH shall not be responsible for the failure of the Contractor(s) to perform the work in accordance with the Contract Documents. 5. ROOFTECH shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees or any other persons (except ROOFTECH's own employees and agents). 6. All claims, counterclaims, disputes, and other matters in question between the parties hereto, arising out of or relating to this Agreement or the breach thereof, may be decided by arbitration, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association. 7. ALL DEMANDS FOR ARBITRATION AND ALL ANSWERING STATEMENTS THERETO, WHICH INCLUDE ANY MONETARY CLAIM, MUST CONTAIN A STATEMENT THAT THE TOTAL SUM OR VALUE IN CONTROVERSY, AS ALLEGED, BY THE PARTY MAKING SUCH DEMAND OR ANSWERING STATEMENT, IS NOT MORE THAN $100,000.00. 8. Below are the costs for our standard reimbursable expenses: Copies/Print(8'h x 11) 2.50 per sheet Copies/Print(11 x 17) 5.00 per sheet C.D. 25.00 each USB Flash Drive (2-4g) 25.00 each USB Flash Drive(8-16g) 50.00 each Mylar Sepias 3.25 per square foot Plotting Bond 1.50 per square foot Plotting Vellum 2.00 per square foot Travel Current IRS Mileage Rate Air Fare Direct Cost Parking Direct Cost Taxi Direct Cost Car Rental Direct Cost Hotel Direct Cost Meals Direct Cost Express Mail/Courier Direct Cost Postage Direct Cost Core Repair Direct Cost Outside Consultants/Engineers/Architects Direct Cost Other Outside Services Direct Cost *Direct Cost expenses shall be billed on a cost plus 10%basis. PROPOSAL FOR CONSULTING SERVICES PAGE 3 Fort Worth Convention Center 9. The cost of the work provided shall be based upon the following rates: Expert Witness 275.00 dollars per hour Principal Engineer 160.00 dollars per hour Principal Architect 160.00 dollars per hour Sr.Construction Consultant 160.00 dollars per hour Project Manager 160.00 dollars per hour Certified Infrared Thermographer 160.00 dollars per hour Registered Roof Consultant 160.00 dollars per hour Laboratory Technician 125.00 dollars per hour CAD Designer 1 115.00 dollars per hour CAD Designer 11 95.00 dollars per hour Contract Administrator 100.00 dollars per hour Roof Observer 88.00 dollars per hour Full-Time Roof Observer 88.00 dollars per hour Clerical/Report Processor 75.00 dollars per hour These rates are based upon 8-hour workdays and 40-hour workweeks, including travel time. Overtime shall be charged in the event that either the 8-hour workday or the 40-hour workweek is exceeded. Overtime shall be charged in the amount of 1.5 times the hourly rate and for services performed on Saturdays. Overtime shall be charged in the amount of 2.0 times the hourly rate for services performed on Sundays and on holidays. A minimum of 4 hours shall be billed for any observation time or consulting works out of the office. 10. Additional services, beyond the original agreed upon Scope of Work, shall be provided based on the reimbursable expenses and hourly rates provided in Sections 8 and 9 listed above. 11. Invoices shall be submitted monthly, and payment is due 30 days from receipt of the Invoice. 12. This Agreement may be terminated by either Party upon 7 days written notice. The Owner agrees to pay for all Services rendered to the date of termination including all Reimbursable Expenses and Termination Expenses. 13. Severability and Survival: If any of the provisions contained in this Contract are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this Contract will be construed as if such, invalid, illegal,or unenforceable provision had never been contained herein. PROPOSAL FOR CONSULTING SERVICES PAGE 4 Fort Worth Convention Center W T ti r' I r I�y 1 � err 1 r r , I IM ., r+ W t v � - �.. .- . . . o Y NNA , fV O N I ~ N N N ti _`