HomeMy WebLinkAboutContract 47197 CITY OF FORT WORTH, TEXASy'
STANDARD AGREEMENT 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 (RS-5)
Roof Replacement.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with 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 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
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.
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City of Ft.Worth,TX—Std.Agreement for Prof.Services(Rev.24 Sept 2015) Page 1 of 8
Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement "°"' 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) Page 2 of 8
Village Creek Water Reclamation Facility,Exist. RS-5 Bldg,Roof Replacement 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) Page 3 of 8
Village Creek Water Reclamation Facility,Exist. RS-5 Bldg.Roof Replacement October 2015
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 Vlll
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) Page 4 of 8
Village Creek Water Reclamation Facility,Exist. RS-5 Bldg. Roof Replacement 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
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 Ft.Worth,TX—Std.Agreement for Prof.Services(Rev.24 Sept 2015) Page 5 of 8
Village Creek Water Reclamation Facility,Exist. RS-5 Bldg.Roof Replacement 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 X11
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) Page 6 of 8
Village Creek Water Reclamation Facility,Exist. RS-5 Bldg. Roof Replacement 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) Page 7 of 8
Village Creek Water Reclamation Facility,Exist.RS-5 Bldg.Roof Replacement October 2015
6 q
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 ° day of412,�-6n,
BY: BY:
CITY OF FORT WORTH CONSULTANT
Rone Engineering LTD.
vl
Jesus J. Chapa Lawrence Bracken
Assistant City Manager Vice-President
Date: r ?'cam Date:
APPROVAL RECOMMEND D:
By; ' l
Stev6 Cooke, Nkf6r
Property Management Department
APPROVED AS TO FORM AND LEGALITY M&C No.: Not Required
By: M&C Date:
GranfJordan m.
Assistant City Attorney
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City of Ft.Worth,TX—Std.Agreement for Prof.Services(Rev.24 Sept 2015) Page 8 of 8
Village Creek Water Reclamation Facility, Exist. RS-5 Bldg. Roof Replacement October 2015
I
R N E ATTACHMENT "A"
E N G I N E E R I N G
October 6, 2015
Mr. Alfonso Meza
City of Fort Worth
401 West 13th Street
Fort Worth, Texas 76102
Reference: Village Creek Water Reclamation Pump Station # 5 (RS-5) Roof Replacement
Arlington, Texas
Proposal No. P-21760-15
Dear Mr. Meza:
Rone Engineering Services, Ltd. (Bone) 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. Bone'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,
f
Dane Campbell Larry Bracken
Estimator Vice President
Rone Engineering Firm Registration Number F-1572
Dallas•Fort Worth•Austin•San Antonio•Houston
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 Estimated Unit Estimated
Quantity Rate Total
Section J: Structural Steel
Structural Steel Inspection (hourly, min. 5 hours) 15.0 $65.00 $975.00
Structural Steel Inspection Overtime (hourly) 0.0 $108.00 $0.00
Ultrasonic Steel Inspection (hourly, min. 5 hours) 0.0 $82.00 $0.00
Ultrasonic Steel Inspection Overtime (hourly) 0.0 $123.00 $0.00
Transportation Charge (trip) 3.0 $25.00 $75.00
Engineering & Report Review (hourly) 1.8 $105.00 $189.00
Section N: Project Manager
Project Manager (hourly) 1.0 $90.00 $90.00
ESTIMATED BUDGET $1,329.00
City of Fort Worth Proposal No. P-21760-15
By:
Position:
Date:
Page 2 of ''S
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.
Structural Steel
Note: If out of town Fabrication Inspection is required there will be an additional
charge for travel.
Project Manager
Note: 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 off''i
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 ow-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.
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