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HomeMy WebLinkAboutContract 29196 10-21-03P03 02 RCVD CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH,TEXAS DEPARTMENT OF ENGINEERING STATE OF TEXAS § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the day of September, 2003, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant and Johnson Counties, Texas, acting herein by and through Marc Ott, its duly authorized Assistant City Manager, hereinafter called the "City", and MACTEC Engineering & Consulting, Inc., an independent contractor, acting by and through Patrick D. Bolton, P. E., its duly authorized Assistant Vice President, 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 CURIA ROD CITY M��C ARY QQAA Q FT. WORK EX. to delay the geotechnical investigation by the City. Engineer shall also furnish all necessary barricades, signs and other warning devices and their 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 performed 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 twenty-four (24) 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 officers, GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 2 of 8 I 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. 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 re performed. 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 to the extent caused by: 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, and to the extent caused by any and all negligent acts or omissions of Engineer, its officers, agents, employees or subcontractors. GEOTECHMCAL SERVICES ANNUAL CONTRACT Page 3 of 8 w ARTICLE VI INSURANCE Section 1. Engineer shall not commence work under this contract until it has obtained all insurance required under this Article and the City has approved such insurance, 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; provided, however, Consultant may elect to add any sub-consultant as an additional insured under its liability policies. Commercial General Liability $5,000,000 each occurrence $5,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease—policy limit $100,000 disease—each employee Professional Liability $1,000,000 each claim/annual aggregate Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Engineer's worker's compensation insurance policy and professional liability insurance, the City, its officers, employees and servants shall be endorsed as an additional insured on Engineer's insurance policies. b. Certificates of insurance shall be delivered to the Department of Engineering's contract administrator, 1000 Throckmorton Street, Fort Worth" TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ter: days notice shall be acceptable in the event of non- payment of premium. GEOTECWCAL SERVICES ANN;;AL CONTRACT Page 4 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for Engineer's insurance. j. Engineer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the contract, Engineer shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Engineer's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Engineer shall provide complete copies of all insurance policies required by these contract documents. 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. GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 5 of 8 r 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 11, 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. Reports and Work Product prepared by Engineer will not be used by the City for purposes or for project sites other than those for which they were prepared by Engineer. 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 hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Engineer reasonable advance notice of intended audits. (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 sub- consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Engineer and any sub-consultant reasonable advance notice of intended audit. GEOITCHNICAL SERVICES ANNU.AI CONTRACT Page 0 ol,8 (c) Engineer and sub-consultants 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. ARTICLE X MINORITY AND WOMAN BUSINESS ENTERPRISE (M/WBE)PARTICIPATION In accordance with City Ordinance No. 15530, 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. GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 7 of 8 a ATTE : CIT F F RT BY. B loria Pear on Marc Ott City Secretary Assistant City Manager APPROVAL RECOMMENDED: MACTEC ENGINEERING& CONSULTING, INC. BY: - BY: Doug Rademaker, Director Patrick D. Bolton, P.E. Department of Engineering Assistant Vice President APPROVED AS TO FORM AND 4�O,.-L- :-: f-e—, �N j LEGALITY: Contract Authorization °s ,2;, : s Date Assistant ity Attorney C-- Iii �da-01 �,ontr t Authorization late 11 r jl°lU g j !�pv 'y GEOTECHNICAL SERVICES �' `•�yv"TH, TEX. ANNUAL.CONTRACT Page 8 of 8 EXHIBIT "A" MACTEC ENGINEERING AND CONSULTING,INC. 2003 SCHEDULE OF FEES GEOTECHNICAL ENGINEERING SERVICES A. FIELD WORK Drilling with intermittent tube samples in cohesive soils, standard penetration in cohesionless soils 0-50 feet,per foot...................................................................................................................$9.75 50-100 feet,per foot.............................................................................................................$12.50 Sampling chemical or water injected sites,per foot....................................................................$12.00 Core borings in shale or soft limestone,NX-size,per foot.........................................................$17.00 Coring set-up charge(per boring).............................................................................................$120.00 Auger borings in soil,no samples,per foot..................................................................................$7.50 Stand-by time in excess of 30 minutes,per hour.......................................................................$145.00 Mobilization,round-trip($175.00 Minimum),per mile...............................................................$2.50 Per Diem,per man/day,each......................................................................................................$70.00 Minimum Drill Fee Per Trip.....................................................................................................$575.00 B. LABORATORY WORK AtterbergLimits,each................................................................................................................$50.00 Grain-size(mechanical),each.....................................................................................................$30.00 Finer than 200 sieve, each...........................................................................................................$20.00 Unconfined Compression test-soil,each...................................................................................$35.00 Unconfined Compression test-rock,each..................................................................................$45.00 Moisture Density Relationship(ASTM D-698),each...............................................................$160.00 Lime-pH Series, each................................................................................................................$100.00 Absorption Swell Test,each.......................................................................................................$80.00 ConsolidationTest,each...........................................................................................................$350.00 C. PERSONNEL StaffEngineer(Grade I)............................................................................................................. $67.00 StaffEngineer(Grade II)........................................................................................................... $77.00 ProjectEngineer ...................................................................................................................... $87.00 SeniorEngineer .................................................................................................................... $110.00 ProjectManager ................................................................................................................... $130.00 PrincipalEngineer ....................................................................................................................$155.00 ChiefEngineer .................................................................. .................................................$200.00 �N " 1 EXHIBIT A MACTEC ENGINEERING AND CONSULTING, INC. 2003 PERSONNEL FEE SCHEDULE FORT WORTH OFFICE Charges will be made at the following rates for time spent by professionals in setting up and closing out projects, evaluation or analysis of field and laboratory data, report preparation, conferences, and consultation as pertaining to the practice of geotechnical, materials, facilities and environmental services. They include indirect general and administrative overhead and supplies. Special non-listed charges may apply for hazardous waste sites. Court appearances,depositions,etc.,will be charged at 1.5 times the standard rate. STAFF I: Architect,Engineer,Geologist,Scientist per hour............................................................................................................$ 67.00 STAFF II: Architect,Engineer,Geologist, Scientist per hour.............................................................................................................$77.00 PROJECT: Architect,Engineer,Geologist,Scientist,per hour...........................................................................................................$ 87.00 SENIOR: Architect,Engineer,Geologist, Scientist,Project Manager,per hour ............................................................................$110.00 PRINCIPAL/PROJECT MANAGER: Technical Director,Engineer,Geologist,Scientist,Project Manager,per hour ............................................................$155.00 Charges will be made at the following rates for time of engineering technicians spent in sampling, conducting field and laboratory inspections, and tests not otherwise charged on a unit test basis. They include indirect general and administrative overhead. Overtime, at client's request,over eight(8)hours per day, Saturday, Sunday and Holiday work will be charged at 1.5 X standard rate. ENGINEERING/SCIENCE TECHNICIAN (Engineering,Asbestos,Environmental,Laboratory,Roofing Services) Technician,per hour............................................................................................................................................................$ 45.00 Technician,Overtime,per hour ........................................................................................................................................$ 67.50 SeniorTechnician,per hour...............................................................................................................................................$ 55.00 SeniorTechnician,Overtime,per hour.............................................................................................................................$ 90.00 SUPPORT PERSONNEL Admin/Word Processor clerical,per hour.....................................................................................................................$ 45.00 CADD Operator,including equipment,per hour............................................................................................................$ 55.00 REIMBURSABLE EXPENSES TRAVEL AND LODGING,expenses charged at actual subsistence cost plus 15%service charge. COMPANY OR PRIVATE VEHICLE TRAVEL,per mile...........................................................................................$ 0.50 Special equipment or supplies, permits, shipping charges, special printing or other items not customarily provided by MACTEC will be charged at cost multiplied by 1.15. SUBCONTRACT services outside MACTEC(if required)will be invoiced at our cost multiplied by 1.15. EXHIBIT A� MACTEC ENGINEERING AND CONSULTING,INC. 2003 SCHEDULE OF FEES CONSTRUCTION TESTING AND INSPECTION SERVICES [. TECHNICIAN SERVICES - Time spent in direct project, services in the field or laboratory, including travel, report preparation,tests not charged on unit test basis,etc. A. Engineering Technician for routine testing services,per hour........................................................................................$ 45.00 B. Senior Engineering Technician for special test or inspections,per hour........................................................................$ 55.00 C. AWS Level II Steel Inspector,per hour...........................................................................................................................$60.00 D. Clerical, per hour..............................................................................................................................................................$45.00 E. CADD Services, per hour................................................................................................................................................$55.00 II. ENGINEERING SERVICES-Field inspection and evaluation travel time,consultation or meetings related to the project,etc.,(charge only if services requested) A. Project Engineer,Project Manager,per hour...................................................................................................................$ 87.00 B. Senior Engineer,P.E.,per hour......................................................................................................................................$ 110.00 C. Principal Engineer,P.E.,per hour..................................................................................................................................$155.00 D. Chief Engineer,P.E.,per hour........................................................................................................................................$ 180.00 (Hourly Charges are based on Portal-to-Portal Time) (Unit Test Charges for Projects Outside a 30 Mile Radius will be Charged an Additional$20.00 Per Trip Vehicle Usage.) Ill. FIELD TESTING SERVICES A. Soil Testing 1. Field Density Tests a. Drive Cylinder Method (ASTM D-2937), Sand Cone Method (ASTM D-I556), Nuclear Method (ASTM D-2922)minimum of four tests,per test...........................................................................$ 27.00 B. Concrete Testing 1. Technician to job site for sampling of fresh concrete,slump test,cast set of concrete cylinders(6"x I2"),curing,testing,up to four cylinders per set.................................See Technician Rate (Allow one hour per set of cylinders) Additionalcylinder per set,each.....................................................................................................................$ 16.25 2. Slump Test(ASTM C-143),other than one per set of cylinders................................................See Technician Rate 3. Unit Weight of Fresh Concrete(ASTM C-138),other than one per set of cylinders,per test...See Technician Rate 4. Air Content of Fresh Concrete by Volumetric Method (ASTM D-173) or Pressure Method (ASTM D-231),other than one per set of cylinders,per test...................................................................See Technician Rate 5. Concrete or Asphalt Coring Diamond Bit Charge,per 4 inch core diameter,each (1) Portland Cement Concrete...............................................................................................................$40.00 1 EXHIBIT\ A MACTEC ENGINEERING AND CONSULTING,INC. 2003 SCHEDULE OF FEES(CONT.) (2) Asphalt............................................................................................................................................$ 40.00 (3) Personnel,at appropriate rates. IV. SUPPLEMENTAL LABORATORY SERVICES A. Soil Testing 1. Standard Laboratory Compaction test,(ASTM)D-698),per test................................................................$ 160.00 2. Modified Laboratory Compaction test,(ASTM D-1557),per test...............................................................$ 180.00 3. Grain Size wash 200,per sample....................................................................................................................$ 50.00 B. Concrete Testing 1. Compressive test of concrete cylinder,including curing,testing or holding in reserve, andreporting,per test....................................................................................................................................$ 16.25 2. Concrete core test,compressive strength,per test...........................................................................................$ 40.00 C. Asphalt Testing 1. Bitumen and Gradation,each........................................................................................................................$ 150.00 2. Marshall Stability,each...................................................................................................................................$ 75.00 V. Overtime Charges-For work required during other than normal 8-hour day or 40-hour week,or on Saturdays,Sundays,and holidays, multiply technician services by 1.5. 2 r� City of Fort Worth, Texas imAyar And C n communicaifo 4 oucil DATE REFERENCE NUMBER TOGNAME PAGE 6/24/03 **C-19629 30MACTEC 1 of 2 SUBJECT AWARD OF CONTRACT TO MACTEC ENGINEERING AND CONSULTING, INC. FOR GEO-TECHNICAL 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 Mactec Engineering and Consulting, Inc. for geo-technical and construction material testing services for a period of 24 months with an aggregate fee not to exceed $200,000. DISCUSSION: Since 1982, the City has periodically negotiated requirement contracts with firms to perform geo- technical and construction materials testing services for various City projects. The requirement contracts provide the City with additional capacity as needed and 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 Landtec Engineers, LLC will expire on July 15, 2003. Staff recently solicited unpriced proposals from seven firms. A total of six proposals were received. Those firms submitting proposals were: • CMJ Engineering, Inc. • Kleinfelder • Mactec Engineering and Consulting, Inc. • PSI • Terra-Mar, Inc. • Landtec Engineers, LLC Each firm's proposal was evaluated based upon pre-established selection criteria, which included, but was not limited to, qualifications of personnel, experience and performance on previous City contracts, and availability of testing equipment. Mactec Engineering and Consulting, Inc., 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 geo-technical and/or construction materials testing services will be able to utilize the services of the recommended firm under this contract. The contract will terminate 24 months after execution or after billing for services total $200,000, whichever occurs first. Mactec Engineering and Consulting, Inc. 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 4velvor And Council COMI"Unicat�c�n DATE REFERENCE NUMBER LOG NAME PAGE 6/24/03 **C-1 9629 30MACTEC 2 of 2 SUBJECT AWARD OF CONTRACT TO MACTEC ENGINEERING AND CONSULTING, INC. FOR GEO-TECHNICAL 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 current capital budgets as appropriated of the various Capital Improvement Program Funds. MO:r Submitted for City Manager's FUNDT-ACCOUNTI CENTER I AMOUNT CITY SECRETARY Office by: (to) Marc Ott 8476 Originating Department Head: Douglas Rademaker 6157 (from) APPROVED 06/24/03 Additional Information Contact: Douglas Rademaker 6157