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HomeMy WebLinkAboutContract 26535 CITY SECRETARY / "(-', TRACT NO. ( S-o CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING STATE OF TEXAS § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the kday of L , 20N by and between the CITY OF FORT WORTH, a municipal corporation of Tar ant and Johnson Counties, Texas, acting herein by and through Mike Groomer, its duly authorized Assistant City Manager, hereinafter called the "City", and Landtec Engineers, Inc., an independent contractor, acting by and through Thomas D. Baker, P. E., its duly authorized Principal, hereinafter called "Engineer". WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SERVICES Section 1. Engineer hereby agrees to perform as a per-job independent contractor such professional services as may be requested by the City during the term of this agreement. These professional services shall be performed in connection with geotechnical investigation for bridge foundations, drainage structures, retaining walls, levees, dams, roads, landfills, utilities and other civil works as may be required during the life of this contract and include laboratory analysis, field work, and reports. These services shall also include material testing. Section 2. In addition to the professional engineering services to be performed under Section 1 above, Engineer shall render the following professional services: 1. Attend such conferences with City officials as may be determined necessary to ensure the drilling, testing, and analysis will proceed in an economical and orderly manner. 2. Advise the City on special aspects of each project as may be requested by the City. 3. Furnish all necessary personnel, drilling equipment, laboratory testing equipment, and materials necessary to perform all testing and other work required and contemplated under this contract and at such time and in such manner so as not to delay the geotechnical investigation by the City. Engineer shall also furnish all necessary barricades, signs and other warning devices and their c VINCAM f lCoffl fp� � Q� appurtenances so as to comply with all applicable local, state and federal laws, rules and regulations. ARTICLE II CITY'S OBLIGATIONS AND COMPENSATION Section 1. All testing or other work to be performed under this contract will be specified in writing by the City. City shall not pay for any testing or other work performed by Engineer or its subcontractors that has not been ordered in writing. It is specifically agreed that Engineer shall not be compensated for any alleged additional work resulting from oral orders of any person. City shall make available to Engineer in the performance of the contract, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to Engineer by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay Engineer for testing services on a unit price per authorized test basis. The unit price to be paid for each authorized service shall not exceed the unit price amount set out in the schedule of Fees and Services, attached hereto, marked "Exhibit A", and incorporated herein for all purposes incident to this contract. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Two Hundred Thousand Dollars ($200,000.00). The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Engineer's invoice for payment of same. Acceptance by Engineer of said payment shall operate as and shall release the City from all claims or liabilities under this contract for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM This agreement shall be for a term of eighteen months, beginning upon contract execution date. ARTICLE IV INDEPENDENT CONTRACTOR Engineer shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Engineer shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its 2 officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Engineer. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. To the best of its professional ability, all work performed by Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other engineering services performed hereunder. Section 2. In this connection, Engineer shall indemnify, hold harmless and defend the City and all of its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Engineer, employees of subcontractors, and all other persons performing work incident to this contract which may rise out of or be connected with directly or indirectly: a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this contract by Engineer. b. Any act, omission, defect, deficiency or negligence of Engineer in drilling and testing, reporting, recommendations or any other engineering services; C. Any neglect in the safeguarding of the work by Engineer or its subcontractors; d. Failure by Engineer or its subcontractors to properly execute the work; e. Defective work or materials; and/or f. Striking, cutting, impaling or tearing any cables, utility lines, pipes and other- matter located beneath the surface due to the negligence or wrongful acts of Engineer. Engineer shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Engineer, its officers, agents, employees or subcontractors. 3 Koi 4 �Z - t. �V . P 4U0 ARTICLE VI INSURANCE Engineer shall not commence work under this contract until it has obtained all insurance required under this Article and such insurance has been approved by the City, nor shall Engineer allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City. Section 1. Compensation Insurance. Engineer shall take out and maintain, during the life of this contract, Workers' Compensation Insurance for all of its employees at the site of the Project; and in case any work is sublet, Engineer shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by Engineers' insurance. In case any class of employee engaged in hazardous work under this contract at the site of the Project is not protected under the worker's Compensation Statute, Landtec Engineers, Inc. shall provide and shall cause each subcontractor to provide adequate and suitable insurance for the protection of employees not otherwise protected. Section 2. Public Liability and Property Damage Insurance. Engineer shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as shall protect Engineer and any subcontractor performing work covered by this contract, from claims for personal injuries, including death, as well as from claims for property damages or losses which may arise from operations under this contract, including blasting, when blasting is done on or in connection with the work of any project, whether such operations be by Engineer or by any subcontractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: a. Public Liability Insurance. In an amount not less than One Hundred Thousand Dollars ($100,000.00) for injuries, including accidental death, to any one person, and subject to the same limit for each person; and in an amount not less than Three Hundred Thousand Dollars ($300,000.00) on account of one accident; and b. Property Darnage Insurance. In an amount not less than Three Hundred Thousand Dollars ($300,000.00). Section 3. Professional Liability Insurance. Engineer shall take out and maintain, during the life of the contract, such Professional Liability Insurance, in amounts of $500,000.00 each incident and $1,000,000.00 aggregate shall protect Engineer from any act, omission, defect, deficiency or negligence of Engineer. Insurance policy shall provide that the Insurer shall give the City thirty (30) days' prior written notice before altering, modifying or terminating the insurance coverage. 4 17R, t[AIILftT O UISW� Section 4. Proof of Insurance Coverage. Engineer shall prior to, or at the time of, the execution of this contract furnish the City with a Certificate of Insurance as proof that it has obtained for the duration of this contract the insurance amounts required herein. Engineer's insurance policy shall provide that the insurer shall give the City thirty (30) days prior written notice before altering, modifying or terminating the insurance coverage. ARTICLE VII TRANSFER OR ASSIGNMENT City and Engineer each bind themselves, and their respective successor and assigns, to this agreement. Engineer, its successors and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. ARTICLE VIII TERMINATION OF CONTRACT Section 1. City may terminate this contract at any time, for any cause, by notice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If City chooses to terminate this contract under Article VIII, Section 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and Services (Exhibit "A"). Section 3. All reports, whether partial or complete, prepared under this contract, including the original drawings, whether furnished by the City, its officers, agents, employees, consultants, engineers, or contractors, or prepared by Engineer, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this agreement. ARTICLE IX RIGHT TO AUDIT (a) Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this contract. Engineer. agrees that the City shall have access during normal working how's to all necessary facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits. �KCIAL 5A�UPQJ' U Ito U'�,17.,UYY Y{5(N/ (b) Engineer further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that 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. City shall give Engineer and any subconsultant reasonable advance notice of intended audit. ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION In accordance with City Ordinance No. 13471, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. 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. ARTICLE XI 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 XIII VENUE Should any, action, whether real or asserted, at law or in equity, arise out of or under this Contract, venue for said action shall be exclusively in Tarrant County, Texas. IN WITNESS THEREOF, the parties hereto have made and executed this agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. 6 ATTE CITY OF FORT WORTH BY: Gloria Pearson Mike Groomer City Secretary Assistant City Manager APPROVAL RECOMMENDED: LANDTEC ENGINEERS, Inc. Doug Rademakei, Director Thomas D. Baker Department of Engineering Principal 5450 E. Loop 820 South Fort Worth, Texas 76119 APPROVED AS TO FORM AND U �l LEGALITY: Contract Authorization Date Assistant City Attorney CAmy documents\ronecontrict I'MWOO 7 FT. O RX �n nc-�rs Exhibit A LANDTEC ENGINEERS, LLC SCHEDULE OF FEES—JANUARY 2000 Texas Engineering Firm Registration No. F-000329 PERSONNEL Project Geotechnical Engineer/Geologist..................................................................$ 85.00/hour Senior Geotechnical Engineer/Geologist...................................................................$ 125.00/hour PrincipalEngineer....................................................................................................$ 140.00/hour Expert Witness(Deposition and Trial)......................................................................$ Reg. Rt. x 1.3 Engineering Technician I............................ .......$ 32.50/hour ....................................................... Engineering Technician II........................................................................................$ 36.00/hour Engineering Technician III.......................................................................................$ 39.00/hour Senior Engineering Technician.................................................................... ...........$ 45.00/hour Mileage...................................................................................................................$ 0.40/mile Minimum Vehicle Charge........................................................................................$ 20.00/trip Word Processing/Clerical.........................................................................................$ 40.00/hour Drafting. .................................................................................................................$ 55.00/hour Computer Analysis..................................................................................................$ 10.00/hour DRILLING AND SAMPLING(0'-50'depth) Drilling and Intermittent Sampling in Soil ................................................................$ 9.75/foot Drilling and Continuous Sampling in Soil ...............................................................$ 16.50/foot Drilling in Rock(Auger-no sampling).....................................................................$ 14.50/foot Core Drilling in Shale/Sandstone/Moderately Hard Limestone..................................$ 18.00/foot Core Drilling in Very Hard Rock..............................................................................$ 21.00/foot Field Penetration Tests, split spoon or TxDOT cone.................................................$ 20.00/each Drilling Through Concrete.......................................................................................$ 35.00/hole Mobilization of Rig(Local). ....................................................................................$ 175.00/each Minimum Drilling fee...............................................................................................$ 650.00/each Plug Bore Hole with Bentonite.................................................................................$ 6.00/foot Hollow Stem Auger Drilling(3.25 I.D.) ..................................................................$ 14.50/foot Drill Rig Standby Time.......................... ................$ 145.00/hour .................................................. IANOTK ��� �L U�;ad L�� U Page 1 of 4 c A.Xfees 2000.doe �, ►r'� 6 SOIL Atterberg Limits(liquid and plastic limits),ASTM D4318.......................................$ 45.00/test Percent Passing No. 200 Sieve, ASTM D 1140.......................................................$ 25.00/test Standard Proctor, ASTM D 698...............................................................................$ 125.00/test Modified Proctor,ASTM D 1557............................................................................$ 145.00/test Processing Materials greater than No.4...................................................................$ 35.00/test Sieve Analysis,ASTM D422...................................................................................$ 45.00/test Lime/Atterberg Limits Series, 4 points.....................................................................$ 180.00hest Moisture Content, ASTM D433...............................................................................$ 5.00hest Moisture Content and Unit Dry Weight....................................................................$ 15.00hest Hydraulic Conductivity, ASTM 5084.......................................................................$ 230.00/test Hydraulic Conductivity, COE..................................................................................$ 175.00/test HydrometerAnalysis...............................................................................................$ 75.00/test SpecificGravity ......................................................................................................$ 45.00/test Unconfined Compressive Strength............................................................................$ 28.00/test Unconfined Compressive Strength(core)..................................................................$ 45.00hest Absorption-Pressure Swell.......................................................................................$ 85.00/test Bar Linear Shrinkage...............................................................................................$ 10.00/test California Bearing Ratio(ASTM 1883)........::........................................ .........$ 150.00/point Consolidation...........................................................................................................$ 310.00/test Triaxial Shear- 1.4-inch, 2.0-inch and 2.8 inch diameter specimens (larger diameter specimens quoted upon request) a. Unconsolidated Undrained: -multiple specimen, 3 specimens minimum........................................................$ 75.00/spec -single specimen, 3 points minimum..................................................................$ 50.00/point b. Consolidated Undrained-with pore pressure measurements: -multiple specimen,3 specimens minimum........................................................$ 400.00/spec -single specimen, 3 points minimum..................................................................$ 400.00/point c. Consolidated Drained: -multiple specimen, 3 specimens minimum........................................................$ 425.00/spec -single specimen, 3 points minimum..................................................................$ 425.00/point Direct Shear-2.5-inch diameter specimen -Q-Test, 3 points minimum...............................................................................$ 125.00/point - S-Test, 3 points minimum................................................................................$ 185.00/point Remolding samples..................................................................................................$ 35.00/each In-Place Moisture-Density Tests, nuclear method(min. 4 per trip)............................$ 15.00/test Gradation of Lime Treated Subgrade Soil(min. 4 per trip).......................................$ 15.00/test Lime Depth Checks(min. 4 per trip) .......................................................................$ 15.00/test Nuclear Density Gauge............................................................................................$ 40.00/day LANDTC-C Page 2 of 4 A:\fees 2000.doc CONCRETE Mix Design,including gradations, absorption,specific gravity and unit weight of Aggregates,slump,unit weight and air content of concrete, One water-cement Ratio...........................................................................................$ 350.00/test Additional Mix Design on same samples of aggregate...............................................$ 200.00/test Confirmation Test Cylinders(min. of 6 per mix).......................................................$ 12.00/test Sieve Analysis(ASTM C-136).................................................................................$ 45.00/test Sieve Analysis(material finer than 4200 sieve).........................................................$ 25.00/test Concrete Coring(up to 4"dia. &6"thick—min. 3/trip)...........................................$ 60.00/each Capping and Testing Cores......................................................................................$ 25.00/each Sawing Core ends....................................................................................................$ 25.00/each Concrete Cylinders-with inspection (minimum of 4).................................................$ 15.00/each Concrete Beams-with inspection...............................................................................$ 25.00/each AGGREGATE SieveAnalysis ........................................................................................................$ 45.00/test Specific Gravity.............................................:.........................................................$ 55.00/test Los Angeles Abrasion..............................................................................................$ 175.00/test Sample Preparation..................................................................................................$ 35.00/test Absorption...............................................................................................................$ 35.00/test ClayLumps.............................................................................................................$ 35.00/test ASPHALT Asphalt Extraction& Gradation...... ........................................................................$ 192.50/test Asphalt Thickness....................................................................................................$ 14.00/test Asphalt Bulk Specific Gravity..................................................................................$ 21.50/test Asphalt Cores/ea/inch of depth(Min. 3/trip).............................................................$ 10.00/inch Asphalt Max.Theoretical SG...................................................................................$ 125.00/test STRUCTURAL STEEL C WI/Structural Steel Inspection,visual (min. 4 hours/trip).......................................$ 42.00/hour Ultrasonic Testing(min. 4 hours/trip).......................................................................$ 45.00/hour LANDTK Page 3 of 4 A-Wees 2000.doc NOTES: 1. Field test rates are charged per test in addition to technician hourly rates. 2. A minimum of three(3)hours technician time and vehicle charge will be billed for each call out, sample or specimen pickup. 3. Technician time is charged portal-to-portal from our Fort Worth office. 4. Overtime rates are 1.5 times regular rate for hours worked over 8 hours per day or hours before 7:00 am and/or after 5:00 pm. Lab and field services performed on Saturday, Sunday and Holidays will be charged at 1.5 times regular rate. 5. Drilling rates are for depths of 50 feet or less. 6. Outside services approved by client are at cost times 15 percent or agreed upon unit prices. 7. Additional tests not included in this schedule of fees will be quoted upon request. CONFIDENTIAL—Not for use on any other project or for any other purposes without written permission from LANDTEC ENGINEERS,LLC. IAM +EC Page 4 of 4 A-Mees 2000.doc City of Fort Worth, Texas 4Vayor And Council Communication DATE REFERENCE NUMBER LOG NAMEPAGE 1/16/01 **C-18430 30LANDTEC 1 of 2 SUBJECT AWARD OF CONTRACT TO LANDTEC ENGINEERS, LLC FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING SERVICES FOR VARIOUS CITY OF FORT WORTH PROJECTS RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with LANDTEC ENGINEERS, LLC for geotechnical and construction material testing services for a period of eighteen months, with an aggregate fee not-to-exceed $200,000. DISCUSSION: 60 Since 1982, the City has entered into periodic requirement contracts with firms to perform geotechnical and construction materials testing services for various City projects. The arrangement allows for rapid response to departmental needs with already established unit prices. Funding is provided from each individual project. The City's previous contract with Rone Engineers, Inc. expired on December 15, 2000. Staff recently solicited unpriced proposals from nine firms. A total of five proposals were received. Those firms submitting proposals were: • Fugro South, Inc. • Terra-Mar, Inc. • LANDTEC ENGINEERS, LLC • Rone Engineers, Inc. • Maxim Engineers Each firm's proposal was evaluated based upon pre-established selection criteria which includes, but is not limited to, qualifications of personnel, experience and performance on previous City contracts, and availability of testing equipment. LANDTEC ENGINEERS, LLC, a Fort Worth-based firm, was selected by an inter-departmental committee of City staff as the most qualified to perform the proposed services. All City departments requiring geotechnical and/or construction materials testing services will be able to utilize the services of the recommended firm under this contract. The contract will terminate after eighteen months, or after billing for services total $200,000, whichever occurs first. LANDTEC ENGINEERS, LLC is in compliance with the City's M/WBE Ordinance by committing to 20% M/WBE participation. The City's goal on this project is 20%. City of Fort Worth, Texas "agor andC �il ouncCommunication DATE REFERENCE NUMBER LOG NAME PAGE 1/16/01 **C-18430 1 30LANDTEC 2 of 2 SUBJECT AWARD OF CONTRACT TO LANDTEC ENGINEERS, LLC FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS TESTING SERVICES FOR VARIOUS CITY OF FORT WORTH PROJECTS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the operating budgets of the various Capital Improvement Program Funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL f Originating Department Head: v V 1�1tJ1i. a A.Douglas Rademaker 6157 (from) JAN 18 2001 Additional Information Contact: ` City Secretary of the Texas A.Douglas Itademaker 6157 City of Fort Worth,