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HomeMy WebLinkAboutContract 45535 CITY SECRETARY CONTRACT o CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Terracon Consultants, Inc., a Delaware Corporation, authorized to do business in Texas (the "ENGINEER"), for a PROJECT generally described as: Provide construction materials engineering and testing services for the Police Aviation Division New Facility at 310 Gulf Stream, Meacham International Airport in Fort Worth, Texas. Article I Scope of Services A. Scope of Services is set forth in Attachment A. Article If Compensation A. The ENGINEER'S compensation (Not to Exceed $29,962.00) is 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 A to this AGREEMENT, to reasonably substantiate the invoices. rn E (2) The ENGINEER will issue monthly invoices for all work performed Pn under this AGREEMENT. Invoices are due and payable within 30 days of M 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. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, a d the undis7ep rtion will be FFI I L,Police Aviation Division New Facility at Meacham International Airport I 'w Page 1 of 16 Terracon Consultants, Inc. April 2014 f 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 B. 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 (1) This paragraph is not applicable for this AGREEMENT. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. Police Aviation Division New Facility at Meacham International Airport Page 2 of 16 Terracon Consultants, Inc. April 2014 D. Preparation of Engineering Drawings This paragraph is not applicable for this AGREEMENT. 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. F. Opinions of Probable Cost, Financial Considerations, and Schedules This paragraph is not applicable for this AGREEMENT. Police Aviation Division New Facility at Meacham International Airport Page 3 of 16 Terracon Consultants, Inc. April 2014 G. Construction Progress Payments This paragraph is not applicable for this AGREEMENT. H. Record Drawings This paragraph is not applicable for this AGREEMENT. I. Minority and Woman business Enterprise (M/WBE) Participation This paragraph is not applicable for this AGREEMENT. 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 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 subcontractor agreements hereunder a provision to the effect that the subcontractor 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 subcontractor, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audits. (3) ENGINEER and subcontractor 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 ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain Police Aviation Division New Facility at Meacham International Airport Page 4 of 16 Terracon Consultants, Inc. April 2014 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 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. Police Aviation Division New Facility at Meacham International Airport Page 5 of 16 Terracon Consultants, Inc. April 2014 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. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, on all policies except Professional Liability and Workers Compensation as its interests may appear. The term CITY shall include its employees, officers, officials, 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. Such terms shall be endorsed onto ENGINEER'S insurance policies. 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. Police Aviation Division New Facility at Meacham International Airport Page 6 of 16 Terracon Consultants, Inc. April 2014 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 (All policies except Professional Liability) shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, in the event a claim is filed, 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 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. 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 subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Engineer The ENGINEER agrees to perform all services as an independent ENGINEER and not as a subcontractor, agent, or employee of the CITY. Police Aviation Division New Facility at Meacham International Airport Page 7 of 16 Terracon Consultants, Inc. April 2014 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 This paragraph is not applicable for this AGREEMENT. P. Schedule ENGINEER shall provide services on an as-requested basis, with scheduling by the CITY. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment B. 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 Police Aviation Division New Facility at Meacham International Airport Page 8 of 16 Terracon Consultants, Inc. April 2014 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 Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights- of-way, and access necessary for the ENGINEER'S services or PROJECT construction. 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 in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment A. 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. Police Aviation Division New Facility at Meacham International Airport Page 9 of 16 Terracon Consultants, Inc. April 2014 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." (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. I. 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 Police Aviation Division New Facility at Meacham International Airport Page 10 of 16 Terracon Consultants, Inc. April 2014 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. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment B. 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. Police Aviation Division New Facility at Meacham International Airport Page 11 of 16 Terracon Consultants, Inc. April 2014 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; c.) 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 and hold harmless the CITY against liability for any damage to the extent 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. Police Aviation Division New Facility at Meacham International Airport Page 12 of 16 Terracon Consultants, Inc. April 2014 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 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., VI.F., 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. Police Aviation Division New Facility at Meacham International Airport Page 13 of 16 Terracon Consultants, Inc. April 2014 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, Compensation, and Schedule Attachment B -Amendments to Standard Agreement for Engineering Services Attachment C — Supplemental Terms and Conditions XXXXXXXXXX The Remainder of this Page is Intentionally Left Blank XXXXXXXXXXX Police Aviation Division New Facility at Meacham International Airport Page 14 of 16 Terracon Consultants, Inc. April 2014 C Executed and effective this the day of 2014. ATTEST: CITY OF FORT WORTH: °o°°oo°� o°o By: 6° ary J. y �' p� a ernando Costa City Secret $ o ssistant City Manager p ° OP I APPROVED AS TO FORM AND L , ' APPROVAL RECOMMENDED: By. A By. Dou W. Black Doug g as la4 W. Wiersig, PE Assistant City Attorney Director, Transportation & ublic Works Department M&C No.: M&C Is Not Required ENGINEER: M&C Dater By: Eric ie land PE. for sow to OFFICIAL RECORD Police Aviation Division New Facility at Meacham International Airport T Page 15 of 16 Terracon Consultants, Inc. F April 2014 TX ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE Refer to the attached CMJ Engineering, Inc. letter dated Revised July 2, 2012, subject: Estimate Construction Materials Testing Services for Gendy Phase 2 at Will Rogers Memorial Center, Fort Worth, Texas. If any conflict arises between the Attachments/Exhibits and the Agreement, the terms of the Agreement shall control. ATTACHMENT B - AMENDMENTS TO AGREEMENT AS SHOWN WITHIN ATTACHMENT C — SUPPLEMENTAL TERMS AND CONDITIONS AS SHOWN WITHIN Police Aviation Division New Facility at Meacham International Airport Page 16 of 16 Terracon Consultants, Inc. April 2014 i ATFACH Mbig- ' "A" i 1rerracon March 12,2014 City of Fort Worth , Architectural Services 401 W. 13'h St. Fort Worth,Texas 76102-4616 Attention: Mr.Alfonso Meza I P: [8171392-8274 E: Alfonso,meza @fortworthgov.org Re: Proposal for Construction Materials Engineering and Testing Services FWPD Aviation Administration Building 310 Gulf Stream Road Fort Worth,Texas Proposal No. P95140167 i I I , i Dear Mr. Meza, We appreciate the opportunity to submit our proposal to provide construction engineering and j testing services for the above referenced project. This proposal describes our understanding of the project,the scope of services,and our budget estimate. A.- PROJECT INFORMATION E I Site Location ITEM DESCRIPTION Location 310 Gulf Stream Road, Fort Worth,Texas Project Description ITEM DESCRIPTION Two-story(2° floor mezzanine)structure with an approximate footprint of 19,859 square feet. The finish floor elevation is 670.0 feet. The floor slab Building Construction is a structural slab. The steel framed structure will bear on a belled-pier foundation system. The exterior will consist of brick and masonry veneer exterior. Pavements Pavement will consist of cast-in-place Portland cement concrete bearing on lime-treated compacted sub grade. Grading Site grading Is within T the proposed grades based on the grading plans. j Terraeoh riristilFanls;lnc, 26:69 It '44 WV -4kI�ordt(r:Tk: 68:U10 .'F.;. (7]_26&80'2: fe taiion:c`oitt ! i I 1 � I - --- - - ' ° Proposal fo Construction Materials Engineering Services 1FVVPD Aviation Administration Building a Fort Worth,Texas Irerracon March 12,2014plenacoh Proposal No.995140167 | �� SCOPE OF SERVICES / Based mn our understanding of the project,mepnopooatmpnlvidethefoUuwinQoomp*cfteaUnQ / ' and observation services including special Inspections: ' � Earthwork related services could include: PmrfmmolnA laboratory moisture-density relationship, grain size analysis and Atba berg Limits pn existing nubgnmdesoils; / Performing m PI Knoa series for_parking oubonyde and optimum cement content for aviation ' pavements; and '' Performing density testing on moisture conditioned okuv and low plasticity noUa on the � paving mneoa to determine the moisture content and percent compaction of the soil mmtehoi' ! � Concrete floor slab and paving related services: . . | n Field am�tamOnoofumnondm��m�nmm ��conten�and == 'rw - -~ ������.' temperature;~ | " Sets of5 cylinders will baomoted for every 1OD cubic yards poured ordaily; Observe reinforcing bar detailing prior to concrete placement; including rebar size, spacing ! and configuration; � Transporting, curing and testing concrete cylinders od the testing frequency specified. i | Foundation related services could include: � Observing belled piers relative bo size, depth, hoU diameter, and pneoemow of unsuitable / / soils; | Field sampling and testing of concrete for slump,air content and temperature; � Sets of5 cylinders will bmnmated for every 1OQ cubic yards poured mrdaily, � Observe reinforcing bar detailing prior to concrete placement; including nyhornize, spacing � / and configuration; n Transporting,curing and testing concrete cylinders ad the testing frequency specified. � Masonry related services could Include: Field sampling nf masonry mortar and grout � p Cast masonry mortar and grout compressive strength specimens; ! Tranmport|ng, ouhoQ and tonUDg masonry mortar and grout specimens at the baaUng ' frequency specified. ` / Rw0mble'w Responsive convunlemt1mInnoxative 2 � ! / � Proposal for Construction Materials Engineering Services FWPD Aviation Administration Building a Fort Worth,Texas Ifier-racon March 12,2014 p Terracon Proposal No, P95140167 Steel Observation services: a Member and connection placement; i Material verification of high-strength bolts, nuts and washers; and i * Welded connection observations by CWI inspector. Additional services!Exclusions: - I If you would like us to perform any additional work, please contact us and we will issue a short Supplement to Agreement form, or Supplement Proposal, that outlines the additional work to be-performed and associated fees. j -C. COMP8MATI.4.N Observation and material testing services provided will be billed at the rates shown on the attached Budget Estimate. Based on the scope of services, we estimate a cost of approximately $29,962.00 for the quantity of proposed services in the attached Budget Estimate. All services will be billed at the time-and-materials rates shown on the Budget Estimate. Please note that this is only a budget estimate and not a not-to-exceed price. Many factors beyond our control, such as weather and the contractor's schedule,will dictate the final fee for our services. An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and-for services provided before 7:00 AM and after 7:00 PM, as well as for services provided on Saturday, Sunday and Terracon recognized Holidays. Technician and consulting services will be billed at a four hour minimum. The quantity of the work performed and factors beyond our control, such as weather and the contractor's scheduielefficiency, will affect the actual cost for our services. You will be invoiced at regular intervals but not less than monthly for services performed. Invoices for our services will be directed to the addressee of this letter unless we are directed otherwise. Payment is due within thirty(30)days following receipt of an invoice. All services must be scheduled through our dispatch office (817-268-8600) at least 24 hours in advance. Cancellations shall also be through our dispatcher prior to 4:30 pm the day prior. Our dispatch office is available between the hours of 7:30-am-4:30 pm, M-F. After hours calls are handled by our voice mail system. It Is recommended that you schedule services through our dispatch office during our regular working hours noted above. Voice mail is checked the following morning. Same day call-Ins or after hour voice mail call-ins for work the following day are subject to the availability of personnel. We cannot guarantee service for same day call-ins. i t _ Reliable:®Responsive-*�Convenlent a Innovative 3 I i Proposal for Construction Materials Engineering Services FVVPD Aviation Administration Building. Fort Worth,Texas Irerraconi March 12,2014 m Terracon Proposal No.P96140167 I R. SITE ACCESS AND SAFETY Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the services and will execute any necessary site access agreement. Terracon will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including Client's contractors, subcontractors, or other parties present at the site. E. TESTING AND ORSERVAT16N Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Terracon will provide test results and opinions based on tests and geld observation only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce—not eliminate—project risk. Client agrees to the level or amount of testing performed and the associated risk. Client is responsible (even if delegated to contractor) for notifying and scheduling Terracon so Terracon can perform these services. Terracon shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Terracon's performance of testing and observation services shall not relieve contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct the work performed by contractor or its subcontractors and is not responsible for their means and methods. F. AUTHO IZATI N We understand that this proposal will be accepted by furnishing an e-mailed authorization. This proposal is valid only if authorized within sixty days from the listed proposal date. We appreciate the opportunity to be part of your team on this project. Please contact us if you have questions or comments regarding this proposal. Sincerely, Terracon Consultants, Inc. Texas Firm Registrat n F-3272 Clinton L. Hoover,P.E. (AR#15909), MBA William V. Jacob ; E. Materials Project Manager Senior Projec aterials Engineer i Attachments: Exhibit A--Budget Estimate i Rellable-mitIRGsponsive,iii Convenlont°■.innovative 4 i l i Irerracan Terracon Consultants,Inc. 2501 E.Loop 820 N Fort Worth,TX 76118 Exhibit A-P95140167 Budget Estimate-Construction Material Testing FWPD Aviation Administration Building,Fort Worth,Texas March 12,2014 Service quantity Item Rate Subtotal Report Preparation K Review ; Project Manager 26 Hours $100.00 Per Hour $ 2,600.00 Clerical(if needed) 25 Hours $ 50.00 Per Hour $ 1,250.00 Earthwork Observations-10 Trips Classification Tests(Proctor,PI,Sieye). 5 Test $225.00 Per Test _ $ 1,125,00 Technician Time 511 50 Hours $ 48.00 Per Hour $ 2,400.00 Nuclear Density Gauge Charge 9 Days $ 35.00 Per Da $ 315.00 Lime Series(PI)&Opt.Cem.Content of Soil 2 Test $300.00 Per Test $ 600.00 Vehlcle Charge(pertrip) 10 Trips $ 45.00 Per Trip $ 450.00 Foundation Observations-15 Trips Assumed 8 belled plers/day) Technician Time ST2 120 Hours $ 48.00 Per Hour $ 5,760.00 TechnicianTlme OTz 30 Hours $ 72.00 Per Hour $ 2,160.00 Concrete Compression Tests(15 sets of 5) 75 Cylinders $ 15.00 Per Ilnder $ 1,125.00 Vehicle Charlie(pert(ip) 15 Tri s $ 45.00 Per Trip $ 675A0 Project Manager(Pier Kickoff) 4 Hours $100.D0 Per Hour $ 400.00 Vehicle Charge(per trip)(Pier Kickoff) 1 Trips $ 45.00 Per Trlp $ 45.00 Building Concrete Observations- 8 Trips SOO,Mezzanine,Gr.Ream,Safe room roofl Concrete Compression Tests(12 sets of 5) 60 Cylinders $ 15.00 PerCyllnder $ 900.00 Technician Time ST2 36 Hours $ 48.00 Per Hour $ 1,728.00 Vehicle Charge(per trip) 8 Trips $ 45.00 Per Trip $ 360.00 PauingConcreteObservations-9Trlips Concrete Compression Tests(13 sets of 5) 65 Cylinders $ 15.00 Per Cylinder $ 975.00 Technician Time ST 44 Hours $ 48.00 Per Hour $ 2,112.00 Vehicle Charge(per trip) 9 Trips $ 45.00 Per Tri $ 405.00 Steel and Weldln /Roofing Observations-5 Trips by CWi Technician CWiTechniclanTlme 20 Hours $ 75,00 - Per-Hour $ 1,500.00 Vehicle Charge(pertrip) 5 Trips $ 45.00 PerTrIp $ 225.00 Masonry Observations-4 Trips(Dempster enclosure,safe room) Motar Test Specimens 24 Cubes $ 11.00 Per Cube $ 264.00 Grout Test Specimens 16 Prisms $ 32.00 Per Prisms $ 512.00 TechnicianTlme ST2 15 Hours $ 48.00 Per Hour $ 768.00 Vehicle Charge(per trip) 4 Trips $ 45.00 Per Trip $ 180.00 Sample Pickups-8 Trips Technician Time 16 Hours $ 48.00 Per Hour $ 768.00 Vehicle Charge(pertrip) 8 Trips 1 $ 45.00l Per Trip $ 360,00 ESTIMATED cwl $29,962.00 Notes, s This estimate was prepared without a construction schedule. iTechnldan and consulting services will be billed at a 4-hour minimum,except for sample pickup services. iierracan, City of Forth Worth,Texas, ("CITY") Terracon Consultants, Inc., ("Engineer") Attachment C Supplemental Terms and Conditions Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages. Testing and Observations. CITY understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Engineer will provide test results and opinions based on tests and field observations only for the work tested. CITY understands that testing and observation are.not continuous or exhaustive, and are conducted to reduce- not eliminate -project risk. CITY agrees to the level or amount of testing performed and the associated risk. CITY is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Engineer so Engineer can perform these Services. Engineer is not responsible for damages caused by services not performed.due to a failure to request or schedule Engineer's services. Engineer shall not be responsible for the quality and completeness of CITY's contractor's work or their adherence to the project documents, and Engineer's performance of testing and observation services shall not relieve CITY's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Engineer will not supervise or direct the work performed by CITY's contractor or its subcontractors and is not responsible for their means and methods. GUARANTEES,OR S f Site Access and Safety. CITY shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Engineer will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any third parties, including CITY's contractors, subcontractors, or other parties present at the site. Change Orders;CITY may request changes to the scope of Services by altering or adding to the Services to be performed. If CITY so requests, Engineer will return to CITY a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following CITY's review, CITY shall provide written acceptance. If CITY does not follow these procedures, but instead directs, authorizes, or permits Engineer to perform changed or additional work, the Services are changed accordingly and Engineer will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Engineer at the time of proposal, Engineer is entitled to a change order equitably adjusting its Services and fee. Page 1 of I Black, Doug From: Murayama, Dalton Sent: Tuesday, April 22, 2014 10:02 AM To: Black, Doug Subject: FW: Police Air Support Hangar Attachments: PD Air Support Hangar Agree Terracon Atch.pdf FYI. Dalton Murayama, AIA Architectural Services Manager Facilities Management/Architectural Services Transportation & Public Works Department City of Fort Worth (817) 392-8088 Office (817) 392-8488 FAX dalton.murayama(cDfortworthtexas ov How am I doing? Please contact my supervisor: glenn.balog anfortworthtexas gov From: Hoover, Clinton L. [_mailto:clhoover@terracon com] Sent: Tuesday, April 22, 2014 9:04 AM To. Murayama, Dalton Cc: Meza, Alfonso; Cleveland, Eric; Hartley, Molly A Subject: RE: Police Air Support Hangar Dalton, We agree to delete the warranty portion of our Attachment C. Please let me know if you have further questions/comments. Thank you, Clint Clinton Hoover, P.E., MBA Project Manager I Construction Materials Terracon 2501 E. Loop 820 N. I Fort Worth,TX 76118 D(817)591-42291 F(817)268-8602 1 M(817)694-1442 clhooverOterracon.com I terracon.com Professional Registration/PE-AR From: Murayama, Dalton [mailto:Dalton.Murayama(Wortworthtexas gov] Sent: Monday, April 21, 2014 10:43 AM To: Hoover, Clinton L. Cc: ecleveland(a)terracon com; Meza, Alfonso Subject: Police Air Support Hangar Importance: High Clint, our Law Dept. needs to have the one last item on the attachment cleared. Pis review the attachment and let us to 1) delete the warranty portion on your Attachment C or 2) agree to adding "Subject to Article VI.F. Indemnification." Pis let me know by return Email. Thanks, Dalton 1