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HomeMy WebLinkAboutResolution No. 09-032 CITY OF THE COLONY, TEXAS RESOLUTION NO. 09-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROFESSIONAL SERVICES CONTRACT BY AND BETWEEN THE CITY OF THE COLONY AND ROOFTECH FOR THE CITY HALL AND LIBRARY ROOF PROJECT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant have entered into a contract such that the Consultant is to provide the following services: Study and Report Phase, Design, Bidding and/or Negotiation Phase, and Construction Administration for the City Hall and Library roof project; and WHEREAS, the City has determined that it is in the best interest of the City to enter into the Contract with Rooffech, which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein; and WHEREAS, with this Contract the City of The Colony is agreeing to pay the sum not to exceed $31,000 for such work. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Professional Services Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount not to exceed $31,000 and the City Manager is hereby authorized to execute the Contract on behalf of the City of The Colony, Texas. Section 2. This Resolution shall take effect immediately from and after its adoption and it is so resolved. 63918 PASSED, APPROVED and EFFECTIVE this 201h day of April, 2009. ATTEST: Jo Dillard, Mayor Ci of The Colony, Texas LA-) Christie Wilson, City Secretary APPRgXfl) AS O FORM: Robert E. Hager, y Attorney f{1 63918 ROOFTECH ROOFING SPECIALISTS 1944 Handley Drive, Fort Worth, Texas 76112 (817) 4964631 or Metro 429-8256 Fax 457-9946 PROPOSAL FOR PROFESSIONAL SERVICES April 10, 2009 Mr. Terry Gilman City of The Colony 6800 Main Street The Colony, Texas 75056 PH: 972.624-3130 E: tailman(a)thecolonvtx.gov Re: Letter of Proposal for Professional Services Project: City Hall - City of The Colony Dear Mr. Gilman: WE PROPOSE TO PROVIDE THE FOLLOWING ARCHITECTURAL/ENGINEERING SERVICES: STUDY & REPORT PHASE • Inspect the Roofs on this Project. • Inspect the interior areas associated with the Problem Areas. • Take core samples to determine the general construction. • Evaluate the existing insulating value and determine the new R-value according to the current code requirements. • Determine wind uplift requirements. • Recommend an appropriate general Scope of Work. • Prepare a budget for the estimated Costs. DESIGN PHASE • Consult with Owner with regard to the project requirements. • Provide a detailed description of the Scope of Work including any necessary Mechanical, Electrical, or Plumbing work. • Provide a Roof Plan with details for each general condition on the roof. PROPOSAL FOR CONSULTING SERVICES PAGE 1 ROOFTECH • Provide specifications describing the scope of work, materials, and the standards for a new roof system. • Provide standard contract forms including a Notice to Respondents, Proposal Form, Standard Form of Agreement, Payment Bond Form, Performance Bond Form, Standard General Conditions, and Special Conditions modifying the General Conditions to conform to special roofing requirements. • Prepare a budget for the estimated Costs. • Distribution of plans and specifications included in this proposal is as follows: Bidding Sets Owner (2 sets and a compact disc) RTSI (in-house sets) BIDDING AND/OR NEGOTIATION PHASE • Invite qualified Contractors for bids. • Conduct a Prebid Conference with the Contractors. • Make clarifications and modifications in ADDENDUM form. • Provide a Bid Review summarizing the bids and making recommendations. CONSTRUCTION ADMINISTRATION PHASE • Assemble and distribute contract between Owner and Contractor. • Conduct a Preconstruction Conference at the Jobsite. • Review and approve submittals. • Provide project management services including coordination between Owner and Contractor. • Provide periodic site observations as scheduled during the progress of the work. Provide a report with color photographs. • Approve payment requests and process modifications. • Provide a Certificate of Substantial Completion Inspection with a punch list. Provide a report with color photographs. • Provide a Final Inspection including a report with color photographs. • Assemble Close out Documents and Warranties and provide to Owner PROPOSAL FOR CONSULTING SERVICES PAGE 2 ROOFTECH WE PROPOSE TO PROVIDE THE SCOPE OF WORK DESCRIBED ABOVE FOR THE FOLLOWING FEE SCHEDULE: Work will be provided for a lump sum fee of Thirty One Thousand Dollars and No/100's ($31,000.00) as stipulated below including reimbursable expenses. The fee shall be paid based upon the following schedule: Study & Report Phase $ 2,500.00 Billed upon completion Design Phase $ 15,500.00 Billed monthly Biddin i and Negotiation $ 2,500.00 Billed upon completion Construction Administration $ 10,500.00 Billed monthly ADDITIONAL SERVICES If additional services are required, with prior authorization from Owner, the services will be billed on an hourly rate plus reimbursable expenses. See Conditions of the Contract, Section 10 for these rates. 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 Michael Christopher, RRC ROOFTECH Vice President Accepted thd~1&y of 'Z 2G-0 By: Company: City of The Colony Address: 6800 Main Street The Colony, TX 75056 Phone & Fax: (972) 624-3130 (Terry Gilman) PROPOSAL FOR CONSULTING SERVICES PAGE 3 ROOFTECH 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 work of 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. Reimbursable Expenses shall be billed on a cost plus 10% basis. Below are the costs for our standard reimbursable expenses: REIMBURSABLE EXPENSES Digital Photographs 0.75 per each Copies 0.10 per page Color Copies for Reports 2.00 per page Blue Prints 0.32 per square foot Mylar Sepias 1.60 per square foot Plotting Bond 1.50 per square foot Plotting Vellum 2.00 per square foot Fax 0.50 per page Travel Current Mileage Rate Long Distance Fax or Phone Direct Cost 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 PROPOSAL FOR CONSULTING SERVICES PAGE 4 ROOFTECH Core Repair Direct Cost Outside Consultants/Engineers/Architects Direct Cost Other Outside Services Direct Cost 9. The cost of the work provided shall be based upon the following rates: HOURLY RATES* Principal Engineer 150.00 dollars per hour Principal Architect 150.00 dollars per hour Sr. Construction Consultant (RRC) 150.00 dollars per hour Certified Infrared Thermographer 150.00 dollars per hour Designer 100.00 dollars per hour Project Manager 94.00 dollars per hour Laboratory Manager 100.00 dollars per hour Construction Administrator 78.00 dollars per hour Junior Designer 75.00 dollars per hour Field Observer 60.00 dollars per hour CAD Drafting 60.00 dollars per hour Full-Time Registered Roof Observer 75.00 dollars per hour Full-Time Field Observer 50.00 dollars per hour Clerical 50.00 dollars per hour Report Processor 50.00 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. The overtime rate shall be applied to all time exceeding either 8 hours per day or 40 hours per week, including travel time. A minimum of 4 hours shall be billed for any observation time or consulting works out of the office. A minimum of 2 hours shall be billed for report preparation. Rates for Expert Witness Services shall be charged at a higher rate. A new proposal shall be issued. LABORATORY SERVICES ASTM D3617 Built-up Roof Test Cut 200.00 dollars per each ASTM D2829 Built-up Roof Test Cut 250.00 dollars per each Modified Desaturation 475.00 dollars per each ASTM D2398 Softening Point 65.00 dollars per each ASTM D1863 Gradation of Roofing Gravel 45.00 dollars per each Moisture Content - Oven Drying Method 35.00 dollars per each Infrared Photography/Impedance Testing .06 cents per square foot $2,000 minimum or $150 per hour for a thermographer and camera FM Wind Uplift Testing 250.00 dollars set up and 250.00 dollars per test 750.00 dollars minimum Fastener Pull Test 35.00 dollars per pull 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. Not Used. PROPOSAL FOR CONSULTING SERVICES PAGE 5 ROOFTECH 12. Invoices shall be submitted monthly, and payment is due 15 days from receipt of the Invoice. The Owner agrees to pay Interest in the amount of 1% per month for all fees, which have not been paid within 30 days from the date of the invoice. 13. 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. 14. 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 6 ROOFTECH