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HomeMy WebLinkAboutContract 48601 � $ 91oYrr\ q � 4D v �� CITY SECRETARY CONTRACTNO. `CvJqy 10 2017CITY OF FORT WORTH, TEXAS i. iJ STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Professional Service Industries, Inc, authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as. Construction Materials Testing for the Construction of Fire Station 42. Article I Scope of Services A. The Scope of Services is set forth in Attachment A. Article it Compensation A. The ENGINEER's compensation shall be in the amount of $42,624.50 as set forth in Attachment A. Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:9/24/2014 Page 1 of 15 CITY SECRETARY FT.WORTH,TX (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make.payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. in the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment C. A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER`s services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations— N/A City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original reports in electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such reports in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such reports for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. City of Port worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules — NIA G. Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings—NIA I. Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accord with the City of Fort Worth Business Diversity 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. Engineer acknowledges the MBE and SBE goals established for this contract 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 Engineer 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. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/2412014 Page 4 of 15 compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the City of Fort Worth.Texas Standard Agreement for Engineering Related Design Services Revised Dale:8/24/2014 Page 5 of 16 extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of"any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability — the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CiTY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/241201[4 Page 6 of 15 b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CiTY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A-V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 7 of 15 claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O, Permitting Authorities - Design Changes City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:912412 0 1 4 Page 8 of 16 If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the project construction schedule. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access— N/A D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/201A Page 9 of 15 in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date-.9/24/2014 Page 10 of 15 (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. 1. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/installation insurance shall be comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. City of Fort Worth,Texas Standard Agreement for Englneering Related Deslgn Services Revised Date:9/24/2014 Page 11 of 15 Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment C. A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, 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 ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Dale:9/2912094 Page 12 of 9s G.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT'S schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER 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 ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 13 of 15 The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT 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 AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VLF., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State 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. ENGINEER 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 VII Attachments, Schedules, and Signatures This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A- Scope of Services City of Fort Worth,Texas Standard Agreement for Engineering Related Design Services Revised Date.9/24/2014 Page 14 of 16 Executed and effective this the t✓ D day of Dec er, 2®�6 BY: BY: CITY OF FORT WORTH ENGINEER Professiona ce Industries, Inc. �r Jesus J. Chaps n Sy, Assistant City Manager is Manager Date: /'/�'J� Date: /'-9� 3 0lLQ APPROV RECOMMENDED: By: Ste Cooke Director, Property Management APPROVED AS TO FORM AND M&C No.: Not Required LEGALITY M&C Date: By. �. pus: niJ✓1 Richard McCracken it Assistant City Attorney Contract Compliance Manager: ATTEST: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Mary J. ser; _ requirements. City S retary ®F A Q �'Y10rv�. 6�� 4/+ c; Brian R. Glass, AIA Architectural Services Manager City of Fort Worth,Texas OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:9/24/2014 Page 15 of 15 CITY SECRETARY FT.WORTH,TX ff H r JFT,Build On r Ir nfon wion CA. omwo•7bsang July 29,2016 City of Fort Worth 401 West 13'h Street Fort Worth,Texas 76102 Attn: Mr. Ronald Clements Email: Ronald.clements@fortworthtexas.gov Phone: (817)392-8014 Re: Construction Materials Testing and Observation Proposal Fire Station No.42 13451 Wing Way Fort Worth,Texas PSI Proposal No.:0337-186479 Dear Mr. Clements; Professional Service Industries, Inc. (PSI) is pleased to have been selected on the basis of qualifications in accordance with the Professional Services Procurement Act, Article 2254.004 of the Texas Government Code to provide Construction Materials Testing and Observation Services on the project referenced above. In accordance with that act, we are now submitting our proposed estimate and fee schedule as the second step of the negotiation phase of the contracting process. PSI has the technical capabilities, personnel and equipment resources, and local expertise to provide you with superior testing and observation services. We are consistently ranked by Engineering News Record magazine as one of the nation's largest consulting engineering firms and PSI is considered the leading firm of our type in the engineering and construction industry. PSI has licensed, registered, and certified professionals, and offers the comfort of using one of America's largest and respected engineering companies. PSI proposes to provide experienced,technical personnel to perform testing services as requested in general accordance with sections of the project specifications as referenced in our'Proposal Assumptions and Basis for Estimate" section of this proposal. In accordance with our assumptions, we have prepared a budget estimate. However, we propose to accomplish the work on a unit fee basis in accordance with the unit rates provided herein_ All work will be performed pursuant to the PSI General Conditions which are incorporated herein and made a part of this proposal. PSI's fees will be determined by the actual amount of technical time expended on the project and the amount of laboratory testing performed. Services are for the typical Quality Control Services and do not include"Special Inspections". Special Inspection Services may be provided for the owner or the owner's representative. However, the Building Code specifically excludes the performance of Special Inspections as an agent for the contractor. Please note that the fees for our services are directly related to the contractor's schedule, the quantity of service requests, the quantity and frequency of failed tests/retests, construction delays and other issues outside the control of PSI. We will work with your firm in order to control the budget for our services; however invoices will be based on the actual services rendered. Construction HiveTM is the primary report distribution platform used by PSI to provide a better experience to our clients. You will have 24 hour access to your reports on this website from any internet enabled device with a web browser. Construction HiveTM has powerful report viewing, retrieval and searching Professional Service Industries,Ino.•7550 Sand Street•Fort Worth,TX 76118•Phone 817.284.3783-Fax 817.284.8942 Fire Station No. 42--Fort Worth, TX July 29, 2096 PS!Proposal No.:0337-986479 capabilities that allow you to find the information you are looking for faster and with greater ease. An hourly administrative fee may be assessed for other forms and methods of report delivery. This proposal includes our services to observe, test and report on the construction activities listed below. Please note that our services will be performed on an intermittent,call-out,as requested basis.This proposal does not include full time (continuous) on-site observation services. Scheduling will be the responsibility of our client's designated representative. Requests for services must be coordinated prior to the close of the business day preceding the requested activity. A project manager fee may be assessed to accommodate requests without adequate notice. We will commence work upon receipt of a fully executed copy of this proposal in its entirety per the City of Fort Worth PSA. Please be sure to fill out the attached Project Data Sheet for timely distribution of reports. We look forward to providing our services during construction of the above referenced project. Please do not hesitate to contact our office with any questions or concerns. Respectfully submitted, Professional Service Industries,Inc. cif 1" Thomas R.Zatopek, CET Bryan M.Sy,P.E. Branch Manager Principal Consultant Construction Services Construction Services Attachments: Anticipated Construction Materials Testing Services Proposal Assumptions and Basis for Estimate PSI General Notes Project Data Sheet PSI General Conditions Proposal Acceptance Date: Agreed to this day of 2016 Signature: Printed Name: Title: Firm: Page 2 of 8 Fire Station No. 42--Fort Worth, TX July 29, 2016 PSI Proposal No..0337-186479 Anticipated Consttuctron Materials I esting Services Project Fite Station No, 42-Fort Wottb, Texas Unit Quantity Unit Rate Item Total Earthwork Testing and Observation Building Pad Proparation/Grade Beam Backfill Soils Engineering Technician(In-place Density Testing) Per Hour 16 $47.00 $752.00 Laboratory Moisture Density Relationship(Standard) Each 4 $165.00 $660.00 Atterberg Limit Determination Each 4 $58.00 $232.00 Soils Engineering Technician(Sample Pick-up) Per Hour 4 $47.00 $188.00 Nuclear Gauge Per Day 4 $45.00 $180.00 Transportation Charge Per Trip 5 $55.00 $275.00 Management Services for Supervision and Report Review Per Hour 6.40 $95.00 $608.00 Sub-Total $2,895.00 Paving Subgrade Preparation Soils Engineering Technician(in-place Density Testing) Per Hour 16 $47.00 $752.00 Laboratory Lime Series Each 1 $285.00 $285.00 Lime Stabilized Moisture Density Relationship(Standard) Each 1 $165.00 $165.00 Alterberg Limit Determination Each 1 $58.00 $58.00 Field Lime Stabilized Depth Checks Each 4 $16,00 $64.00 Field Gradations Each 4 $16.00 $64.00 Nuclear Gauge Per Day 4 $45.00 $180.00 Transportation Charge Per Trip 4 $55.00 $220.00 Management Services for Supervision and Report Review Per Hour 3.60 $95.00 $342.00 Sub-Total $2,130.00 Utility Trench Backfill Soils Engineering Technician(In-place Density Testing) Per Hour 32 $47.00 $1,504.00 Nuclear Gauge PerDay 8 $45.00 $360.00 Transportation Charge Per Trip 8 $55,00 $440-00 Management Services for Supervision and Report Review Per Hour 4.00 $95.00 $380.00 Sub-Total $2,684.00 Earthwork Testing and Observation Estimate $7,709-00 Drilled Pier Installation Observation Drilled Shaft Pier Observation Senior Engineering Technician Per Hour 80 $45.00 $3,600.00 Senior Engineering Technician(Overtime Hours) Per Hour 40 $67.50 $2,700.00 Concrete Cylinders(Cured and/or Tested in Compression) Each 50 $12.00 $600.00 Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00 Transportation Charge Per Trip 12 $55.00 $660.00 Management Services for Supervision and Report Review Per Hour 6.00 $95.00 $570.00 Sub-Total $8,482.00 Drilled Pier Installation Observation Estimate $8,482.00 Page 3 of 8 Fire Station No. 42--Fort Worth, 7X July 29, 2016 PSI Proposal No.:0337-186479 Reinforcing Steel Observation Cast-In-Place Concrete Reinforcing Steel Observation Senior Engineering Technician Per Hour 30 $45.00 $1,350.00 Transportation Charge Per Trip 3 $55.00 $165.00 Management Services for Supervision and Report Review Per Hour 14.40 $95.00 $1,368.00 Sub-Total $2,883.00 Reinforcing Steel Observation Estimate $2,883.00 Concrete Testing and Observation Structural Concrete Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 84 $44.00 $3,696.00 Concrete Engineering Technician(Overtime Hours) Per Hour 4 $66.00 $264.00 Concrete Cylinders(Cured and/or Tested in Compression) Each 120 $12.00 $1,440.00 Concrete Engineering Technician(Specimen Pick-up) Per Hour 52 $44.00 $2,288.00 Transportation Charge Per Trip 34 $55.00 $1,870.00 Management Services for Supervision and Report Review Per Hour 20.00 $95.00 $1,900.00 Sub-Total $11,458.00 Concrete Paving Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 12 $44.00 $528.00 Concrete Engineering Technician(Overtime Hours) Per Hour 1 $66.00 $66.00 Concrete Cylinders(Cured and/or Tested in Compression) Each 25 $12.00 $300.00 Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00 Transportation Charge Per Trip 4 $55.00 $220.00 Management Services for Supervision and Report Review Per Hour 3.50 $95.00 $332.50 Sub-Total $1,798.50 Concrete Pavement Coring for In-place Thickness Testing 2-Man Coring Crew(Cores for In-Place Thickness Measurements) Per Hour 12 $44.00 $528.00 Concrete Cores(Coring 2"or 4"Diameter) Per Core 3 $55.00 $165.00 Core Hole Patching Per Core 3 $15.00 $45.00 Transportation Charge Per Trip 1 $55.00 $55.00 Management Services for Supervision and Report Review Per Hour 0.50 $95.00 $47.50 Sub-Total $840.50 Utility Structures/Sidewalks/Miscellaneous Concrete Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 36 $44.00 $1,584.00 Concrete Cylinders(Cured and/or Tested in Compression) Each 45 $12.00 $540.00 Concrete Engineering Technician(Specimen Pick-up) Per Hour 24 $44.00 $1,056.00 Transportation Charge Per Trip 15 $55.00 $825.00 Management Services for Supervision and Report Review Per Hour 7.50 $95.00 $712.50 Sub-Total $4,717.50 Concrete Testing and Observation Estimate $18,814.50 Masonry Testing and Observation Masonry Testing and Observation Senior Engineering Technician(Grout and Mortar Sampling and Testing) Per Hour 40 $49.00 $1,960.00 Masonry Cubes(2in x tin x An Cubes) Each 12 $17.00 $204.00 Grout Prisms(3in x 3in x bin) Each 12 $20.00 $240.00 Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00 Transportation Charge Per Trip 8 $55.00 $440.00 Management Services for Supervision and Report Review Per Hour 3.50 $95.00 $332.50 Sub-Total $3,528.50 Masonry Tasting and Observation Estimate $3,528.50 ru ZZ Page 4 of 8 Fire Station No. 42—Fort Worth, TX July 29, 2016 PSI Proposal No,:0337-186479 Structural Steel Observation Structural Steel Observation Structural Steel Technician(CWI) Per Hour 12 $75.00 $900.00 Transportation Charge Per Trip 3 $55.00 $165.00 Management Services for Supervision and Report Review Per Hour 1.50 $95.00 $142.50 Sub-Total $1,207.60 Structural Steel Observation Estimate $1,207.50 Construction Materials Testing and Observation Estimated Total $42,624.60 . Page 5 of 8 Fire Station No. 42—Fort Worth, 7X July 29, 2016 PSI Proposal No.:0337-186479 Proposal Assumptions and Basis for Estimate 1. PSI did have a set of design drawings during preparation of this estimate. 2. PSI did have a set of project specifications during preparation of this estimate. Construction 3. Documents provided to PSI: Project Specifications: 014100, 033000, 040511, Documents 051200, 312400, 316329 dated 04/23/2016, Civil drawings dated 04/23/2016, Structural drawings dated 04/23/2016, Project Geotechnical Report dated 06/17/2011. 4. PSI did not have a detailed construction schedule during preparation of this estimate. 1. We understand that the building pad preparation will require bringing to proper elevation, scarifying and recompacting. 2. Initial proofroll observation prior to fill placement performed on Paving areas. 3. In-place moisture density gauge testing for structural areas estimated at 1 test per lift Earthwork per 2,500 sqft, 4. In-place moisture density gauge testing for utilities estimated at 1 test per 300 LF per 1 foot lift, 5. In-place moisture density gauge testing for paving areas estimated at 1 test per lift per 5,000 s ft. 1. We understand that the building foundation will consist of drilled straight shaft piers. Pier 2. Assumed 8 drilled piers will be installed per day. Observation 3. Assumed 2 drill rigs will be installing the pier foundations per day. Post- 1. Not Included. Tensioned Slab 1. Assumed concrete placement rate at 50 cubic yards per hour. Concrete 2• Assumed to cast 1 set of 5, 4 inch by 8 inch concrete test cylinders for every 100 cubic yards of structural concrete or daily fraction thereof and/or for every 100 cubic yards of avement concrete or fraction thereof. 1. Assumed 1 set of 6 mortar, 2 inch by 2 inch cubes and 1 set of 4 grout prisms per Masonry 10,000 sgft. of masonry wall,or per visit. 2. Sampling and testing of Masonry Composite Prisms is not included in this estimate. Asphalt 1. Not Included. 1. Perform visual observation on the structural steel framing in general accordance with the Project Specifications for weld or bolted connections. Structural 2, Nondestructive Examination of welded connections is not included in this estimate. Steel However,we can prepare an estimate if this service is requested. 3. The Structural Steel observations quoted herein do not include the cost of conducting observations at the fabrication shop. Fire Proofing 1. Not Included. Roofin 1. Not Included. Page 6 of 8 Fire Station No. 42--Fort Worth, TX July 29, 2096 PSI Proposal No.:0337=986479 PSI General Notes 1. Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter 2. Services not included may be quoted upon request 3. Testing is conducted in general accordance with ASTM procedure and project specifications 4. All rates are billed on a portal to portal basis 5. The minimum billing increment for time is the full hour 6. A minimum charge of 4 hours applies to field testing and observation services 7. A per diem charge,if applicable,will be charged at a rate of$150.00 per day 8. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4 hour charge 9. Charges for retests or field cancellations without notice are not included in this estimate and will be invoiced at the unit rates included herein 10. Overtime rates will be applicable for services performed before 7:00am and after 5:00pm, over 8 hours per day Monday through Friday and for all hours worked on Saturdays, Sundays and holidays. The overtime rate will be 1.5 times the applicable unit rate. Services performed on Sundays and Holidays will be invoiced at 2 times the applicable hourly rate. Surcharges for laboratory services during overtime hours or for expedited results may apply(these surcharges will be 1.5 times the applicable unit rate). The minimum billing increment for overtime is the hour 11. Rates involving mileage (including vehicle charge and cylinder/sample pick-up) are subject to change based upon fluctuations in the national average gasoline price. A fuel surcharge may be applied to invoices to offset the increase in fuel prices for a gallon of regular gasoline. Changes may be made at intervals not less than monthly 12. An engineering review charge to schedule and supervise personnel and evaluate and review reports will be billed at 0.5 hours per single technician half day and 1.0 hours per single technician full day for field testing services. Laboratory test reports will be billed at 0.4 hours for each test report excluding laboratory moisture density curves, sieve analysis, lime series and drilled concrete cores for compressive strength which will be billed at 0.9 hours per test report 13. Invoices will be billed on a monthly basis. Invoices will be mailed on or about the third business day after the month to which services were rendered. 14. Concrete test cylinder sizes will be in accordance with ASTM C31 and ACI 318, 15. ACI 301-10 section 1.6.2.2.d, states that the contractor is responsible for"[providing] space and source of electrical power on the project site for facilities to be used for initial curing of concrete test specimens as required by ASTM C31/C31M,for the sole use of the Owner's quality assurance testing agency." PSI understands the term"space"to mean"an environmentally controlled and secure space"for initial curing in the field, and the contractor is required to provide electricity and security of the space. Accordingly, this proposal does not include provisions or the associated fee for PSI to provide this service. The initial curing box can be provided by PSI at the project site for additional fees which shall include the daily rental cost and associated mobilization cost of the curing box. In the event the curing box is stolen or damaged as the site security is the responsibility of the contractor, PSI shall invoice our client the cost of the same at cost plus 15% 26. The services proposed herein are conventional in nature and do not include any special services that may lessen the risk of conditions that can contribute to moisture, mold or other microbial contaminate amplification in buildings. You may be aware that mold is abundant throughout nature and is comprised of a wide variety of microscopic fungi. Due to its nature,the potential for mold infestations cannot be completely eliminated. However, PSI offers a wide array of professional Moisture, Waterproofing, Roofing and Indoor Air Quality/Mold Consulting services that can help minimize the likelihood of future occurrences. PSI is interested in discussing these service options with you to suit your specific needs and project objectives. If requested, PSI will submit a proposal for these additional services under a separate cover for your review and authorization Page 7 of 8 Fire Station No. 42—Fort Worth, TX July 29, 2096 PSI Proposal No.:0337 986479 Project Data Sheet Construction Materials Testing and Observation Services Project Name: Project Physical Address: Project Manager: Mobile No.: Fax No.: Site Contact: Mobile No.: Fax No.: . Distribution of Test Reports Contact Name Email Address Invoice Requirements Your Purchase Order No.: Billing Address Mailing Address(if different) Attn: Attn: Report Distribution: PSI will deliver reports electronically to the client and others listed on the above distribution list. Reports will be posted on a password protected, secure website(Construction Hive) only available to those on the distribution list. An hourly administrative fee may be assessed for hardcopy mailing and other forms and methods of report delivery. IV—Al Page 8 of 8