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CONTRACTNO.
`CvJqy 10 2017CITY OF FORT WORTH, TEXAS
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STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule
municipality (the "CITY"), and Professional Service Industries, Inc, authorized to do
business in Texas, (the "ENGINEER"), for a PROJECT generally described as.
Construction Materials Testing for the Construction of Fire Station 42.
Article I
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article it
Compensation
A. The ENGINEER's compensation shall be in the amount of $42,624.50 as
set forth in Attachment A.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but
not limited to meeting the requirements set forth in Attachment D to this
AGREEMENT, to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of
any balance will be due within 30 days of receipt of the final invoice.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services OFFICIAL RECORD
Revised Date:9/24/2014
Page 1 of 15 CITY SECRETARY
FT.WORTH,TX
(4) In the event of a disputed or contested billing, only that portion so contested
will be withheld from payment, and the undisputed portion will be paid. The
CITY will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make.payment in full to ENGINEER for billings contested
in good faith within 60 days of the amount due, the ENGINEER may, after
giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. in the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused the
CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental
thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER`s services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations— N/A
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 2 of 15
D. Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original reports in electronic
files in .pdf format, or as otherwise approved by CITY, which shall become
the property of the CITY. CITY may use such reports in any manner it
desires; provided, however, that the ENGINEER shall not be liable for the
use of such reports for any project other than the PROJECT described
herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the
ENGINEER or its personnel in any way responsible for those duties that
belong to the CITY and/or the CITY's construction contractors or other
entities, and do not relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including, but not limited to, all
construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction
work in accordance with the Contract Documents and any health or safety
precautions required by such construction work. The ENGINEER and its
personnel have no authority to exercise any control over any construction
contractor or other entity or their employees in connection with their work or
any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the
progress or quality of the completed work on the PROJECT or to determine,
in general, if the work on the PROJECT is being performed in a manner
indicating that the PROJECT, when completed, will be in accordance with
the Contract Documents, nor shall anything in the Contract Documents or
the agreement between CITY and ENGINEER be construed as requiring
ENGINEER to make exhaustive or continuous on-site inspections to
discover latent defects in the work or otherwise check the quality or quantity
of the work on the PROJECT. If the ENGINEER makes on-site
observation(s) of a deviation from the Contract Documents, the ENGINEER
shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
City of Port worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/2412014
Page 3 of 15
F. Opinions of Probable Cost, Financial Considerations, and Schedules —
NIA
G. Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling
and observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the
ENGINEER has made an examination to ascertain how or for what purpose
the construction contractor has used the moneys paid; that title to any of the
work, materials, or equipment has passed to the CITY free and clear of liens,
claims, security interests, or encumbrances; or that there are not other
matters at issue between the CITY and the construction contractor that
affect the amount that should be paid.
H. Record Drawings—NIA
I. Minority Business and Small Business Enterprise (MBE)(SBE)
Participation
In accord with the City of Fort Worth Business Diversity Ordinance No.
20020.12-2011, as amended, the City has goals for the participation of
minority business enterprises and/or small business enterprises in City
contracts. Engineer acknowledges the MBE and SBE goals established for
this contract and its accepted written commitment to MBE and SBE
participation. Any misrepresentation of facts (other than a negligent
misrepresentation) and/or the commission of fraud by the Engineer may
result in the termination of this Agreement and debarment from participating
in City contracts for a period of time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years
after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during normal
working hours to all necessary ENGINEER facilities and shall be provided
adequate and appropriate work space in order to conduct audits in
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/2412014
Page 4 of 15
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the
CITY shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such
subconsultant, involving transactions to the subcontract, and further, that the
CITY shall have access during normal working hours to all subconsultant
facilities, and shall be provided adequate and appropriate work space, in
order to conduct audits in compliance with the provisions of this article
together with subsection (3) hereof. CITY shall give subconsultant
reasonable advance notice of intended audits.
(3) ENGINEER and subconsultant agree to photocopy such documents as may
be requested by the CITY. The CITY agrees to reimburse ENGINEER for
the cost of copies at the rate published in the Texas Administrative Code in
effect as of the time copying is performed.
K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less than $1,000,000.00 per each
occurrence with a $2,000,000.00 aggregate. If such Commercial General
Liability insurance contains a general aggregate limit, it shall apply
separately to this PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally contained
within the policy, unless the CITY approves such exclusions in
writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
City of Fort Worth.Texas
Standard Agreement for Engineering Related Design Services
Revised Dale:8/24/2014
Page 5 of 16
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto — the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of"any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers
compensation and employers liability insurance and, if necessary,
commercial umbrella liability insurance with a limit of not less than
$100,000.00 each accident for bodily injury by accident or $100,000.00
each employee for bodily injury by disease, with $500,000.00 policy limit.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5 years
following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CiTY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/241201[4
Page 6 of 15
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CiTY shall
include its employees, officers, officials, agents, and volunteers as
respects the contracted services.
c. Certificate(s) of insurance shall document that insurance coverage
specified in this agreement are provided under applicable policies
documented thereon.
d. Any failure on part of the CITY to request required insurance
documentation shall not constitute a waiver of the insurance
requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium. Notice shall be sent
to the respective Department Director (by name), City of Fort Worth,
1000 Throckmorton, Fort Worth, Texas 76102.
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A-V or greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation
in favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring
expense, to review the ENGINEER's insurance policies including
endorsements thereto and, at the CITY's discretion; the ENGINEER may
be required to provide proof of insurance premium payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 7 of 15
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained after
final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be
required by the ENGINEER to maintain the same or reasonably
equivalent insurance coverage as required for the ENGINEER. When
sub consultants/subcontractors maintain insurance coverage,
ENGINEER shall provide CITY with documentation thereof on a
certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent
consultant and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure
in writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing
of any conflicts of interest that develop subsequent to the signing of this
contract and prior to final payment under the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O, Permitting Authorities - Design Changes
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:912412 0 1 4
Page 8 of 16
If permitting authorities require design changes so as to comply with
published design criteria and/or current engineering practice standards
which the ENGINEER should have been aware of at the time this
Agreement was executed, the ENGINEER shall revise plans and
specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities'
published design criteria and/or practice standards criteria which are
published after the date of this Agreement which the ENGINEER could not
have been reasonably aware of, the ENGINEER shall notify the CITY of
such changes and an adjustment in compensation will be made through an
amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the project
construction schedule.
Article V
Obligations of the City
A. City-Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for
the ENGINEER's performance of its services. The CITY will perform, at no
cost to the ENGINEER, such tests of equipment, machinery, pipelines, and
other components of the CITY's facilities as may be required in connection
with the ENGINEER's services. The CITY will be responsible for all acts of
the CITY's personnel.
C. Advertisements, Permits, and Access— N/A
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/201A
Page 9 of 15
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment D.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior
role in the generation, treatment, storage, or disposition of such
materials. In consideration of the associated risks that may give rise to
claims by third parties or employees of City, City hereby releases
ENGINEER from any damage or liability related to the presence of
such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos
is a result of ENGINEER's negligence or if ENGINEER brings such
hazardous substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and
provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out of,
in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date-.9/24/2014
Page 10 of 15
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other entity
or person regarding the PROJECT a provision that such entity or person
shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER.
1. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained
at the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The CITY will specify that the Builders Risk/installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required
or requested assistance to support, prepare, document, bring, defend, or
assist in litigation undertaken or defended by the CITY. In the event CITY
requests such services of the ENGINEER, this AGREEMENT shall be
amended or a separate agreement will be negotiated between the parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER's cost
of or time required for performance of the services, an equitable adjustment
will be made through an amendment to this AGREEMENT with appropriate
CITY approval.
City of Fort Worth,Texas
Standard Agreement for Englneering Related Deslgn Services
Revised Date:9/24/2014
Page 11 of 15
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon
receipt of a written Notice to Proceed from the CITY.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments
of service for this PROJECT, whether the PROJECT is completed or not.
Reuse, change, or alteration by the CITY or by others acting through or on
behalf of the CITY of any such instruments of service without the written
permission of the ENGINEER will be at the CITY's sole risk. The CITY shall
own the final designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes, lockouts, accidents, or other events beyond
the control of the ENGINEER that prevent ENGINEER's performance of its
obligations hereunder.
D. Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Dale:9/2912094
Page 12 of 9s
G.) The time requirements for the ENGINEER'S personnel to document
the work underway at the time of the CITY'S termination for
convenience so that the work effort is suitable for long time storage.
(3) Prior to proceeding with termination services, the ENGINEER will submit to
the CITY an itemized statement of all termination expenses. The CITY'S
approval will be obtained in writing prior to proceeding with termination
services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT'S schedule,
commitment and cost of the ENGINEER's personnel and subcontractors,
and ENGINEER's compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless, and defend the CITY
against liability for any damage caused by or resulting from an act of
negligence, intentional tort, intellectual property infringement, or
failure to pay a subcontractor or supplier committed by the ENGINEER
or ENGINEER's agent, consultant under contract, or another entity
over which the ENGINEER exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except for
willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 13 of 15
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant County,
Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VLF.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order, law,
ordinance, or regulation, whether it be by itself or its employees.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A- Scope of Services
City of Fort Worth,Texas
Standard Agreement for Engineering Related Design Services
Revised Date.9/24/2014
Page 14 of 16
Executed and effective this the t✓ D day of Dec er, 2®�6
BY: BY:
CITY OF FORT WORTH ENGINEER
Professiona ce Industries, Inc.
�r
Jesus J. Chaps n Sy,
Assistant City Manager is Manager
Date: /'/�'J� Date: /'-9� 3 0lLQ
APPROV RECOMMENDED:
By:
Ste Cooke
Director, Property Management
APPROVED AS TO FORM AND M&C No.: Not Required
LEGALITY
M&C Date:
By. �. pus: niJ✓1
Richard McCracken it
Assistant City Attorney
Contract Compliance Manager:
ATTEST: By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
Mary J. ser; _ requirements.
City S retary ®F A Q �'Y10rv�. 6�� 4/+
c; Brian R. Glass, AIA
Architectural Services Manager
City of Fort Worth,Texas OFFICIAL RECORD
Standard Agreement for Engineering Related Design Services
Revised Date:9/24/2014
Page 15 of 15 CITY SECRETARY
FT.WORTH,TX
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July 29,2016
City of Fort Worth
401 West 13'h Street
Fort Worth,Texas 76102
Attn: Mr. Ronald Clements
Email: Ronald.clements@fortworthtexas.gov
Phone: (817)392-8014
Re: Construction Materials Testing and Observation Proposal
Fire Station No.42
13451 Wing Way
Fort Worth,Texas
PSI Proposal No.:0337-186479
Dear Mr. Clements;
Professional Service Industries, Inc. (PSI) is pleased to have been selected on the basis of qualifications in
accordance with the Professional Services Procurement Act, Article 2254.004 of the Texas Government
Code to provide Construction Materials Testing and Observation Services on the project referenced above.
In accordance with that act, we are now submitting our proposed estimate and fee schedule as the second
step of the negotiation phase of the contracting process.
PSI has the technical capabilities, personnel and equipment resources, and local expertise to provide you
with superior testing and observation services. We are consistently ranked by Engineering News Record
magazine as one of the nation's largest consulting engineering firms and PSI is considered the leading
firm of our type in the engineering and construction industry. PSI has licensed, registered, and certified
professionals, and offers the comfort of using one of America's largest and respected engineering
companies.
PSI proposes to provide experienced,technical personnel to perform testing services as requested in general
accordance with sections of the project specifications as referenced in our'Proposal Assumptions and Basis
for Estimate" section of this proposal. In accordance with our assumptions, we have prepared a budget
estimate. However, we propose to accomplish the work on a unit fee basis in accordance with the unit rates
provided herein_ All work will be performed pursuant to the PSI General Conditions which are incorporated
herein and made a part of this proposal. PSI's fees will be determined by the actual amount of technical time
expended on the project and the amount of laboratory testing performed. Services are for the typical Quality
Control Services and do not include"Special Inspections". Special Inspection Services may be provided
for the owner or the owner's representative. However, the Building Code specifically excludes the
performance of Special Inspections as an agent for the contractor.
Please note that the fees for our services are directly related to the contractor's schedule, the quantity of
service requests, the quantity and frequency of failed tests/retests, construction delays and other issues
outside the control of PSI. We will work with your firm in order to control the budget for our services;
however invoices will be based on the actual services rendered.
Construction HiveTM is the primary report distribution platform used by PSI to provide a better experience
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Professional Service Industries,Ino.•7550 Sand Street•Fort Worth,TX 76118•Phone 817.284.3783-Fax 817.284.8942
Fire Station No. 42--Fort Worth, TX July 29, 2096
PS!Proposal No.:0337-986479
capabilities that allow you to find the information you are looking for faster and with greater ease. An
hourly administrative fee may be assessed for other forms and methods of report delivery.
This proposal includes our services to observe, test and report on the construction activities listed below.
Please note that our services will be performed on an intermittent,call-out,as requested basis.This proposal
does not include full time (continuous) on-site observation services. Scheduling will be the responsibility of
our client's designated representative. Requests for services must be coordinated prior to the close of the
business day preceding the requested activity. A project manager fee may be assessed to accommodate
requests without adequate notice.
We will commence work upon receipt of a fully executed copy of this proposal in its entirety per the City of
Fort Worth PSA. Please be sure to fill out the attached Project Data Sheet for timely distribution of reports.
We look forward to providing our services during construction of the above referenced project. Please do
not hesitate to contact our office with any questions or concerns.
Respectfully submitted,
Professional Service Industries,Inc.
cif 1"
Thomas R.Zatopek, CET Bryan M.Sy,P.E.
Branch Manager Principal Consultant
Construction Services Construction Services
Attachments: Anticipated Construction Materials Testing Services
Proposal Assumptions and Basis for Estimate
PSI General Notes
Project Data Sheet
PSI General Conditions
Proposal Acceptance
Date: Agreed to this day of 2016
Signature:
Printed
Name:
Title:
Firm:
Page 2 of 8
Fire Station No. 42--Fort Worth, TX July 29, 2016
PSI Proposal No..0337-186479
Anticipated Consttuctron Materials I esting Services
Project Fite Station No, 42-Fort Wottb, Texas
Unit Quantity Unit Rate Item Total
Earthwork Testing and Observation
Building Pad Proparation/Grade Beam Backfill
Soils Engineering Technician(In-place Density Testing) Per Hour 16 $47.00 $752.00
Laboratory Moisture Density Relationship(Standard) Each 4 $165.00 $660.00
Atterberg Limit Determination Each 4 $58.00 $232.00
Soils Engineering Technician(Sample Pick-up) Per Hour 4 $47.00 $188.00
Nuclear Gauge Per Day 4 $45.00 $180.00
Transportation Charge Per Trip 5 $55.00 $275.00
Management Services for Supervision and Report Review Per Hour 6.40 $95.00 $608.00
Sub-Total $2,895.00
Paving Subgrade Preparation
Soils Engineering Technician(in-place Density Testing) Per Hour 16 $47.00 $752.00
Laboratory Lime Series Each 1 $285.00 $285.00
Lime Stabilized Moisture Density Relationship(Standard) Each 1 $165.00 $165.00
Alterberg Limit Determination Each 1 $58.00 $58.00
Field Lime Stabilized Depth Checks Each 4 $16,00 $64.00
Field Gradations Each 4 $16.00 $64.00
Nuclear Gauge Per Day 4 $45.00 $180.00
Transportation Charge Per Trip 4 $55.00 $220.00
Management Services for Supervision and Report Review Per Hour 3.60 $95.00 $342.00
Sub-Total $2,130.00
Utility Trench Backfill
Soils Engineering Technician(In-place Density Testing) Per Hour 32 $47.00 $1,504.00
Nuclear Gauge PerDay 8 $45.00 $360.00
Transportation Charge Per Trip 8 $55,00 $440-00
Management Services for Supervision and Report Review Per Hour 4.00 $95.00 $380.00
Sub-Total $2,684.00
Earthwork Testing and Observation Estimate $7,709-00
Drilled Pier Installation Observation
Drilled Shaft Pier Observation
Senior Engineering Technician Per Hour 80 $45.00 $3,600.00
Senior Engineering Technician(Overtime Hours) Per Hour 40 $67.50 $2,700.00
Concrete Cylinders(Cured and/or Tested in Compression) Each 50 $12.00 $600.00
Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00
Transportation Charge Per Trip 12 $55.00 $660.00
Management Services for Supervision and Report Review Per Hour 6.00 $95.00 $570.00
Sub-Total $8,482.00
Drilled Pier Installation Observation Estimate $8,482.00
Page 3 of 8
Fire Station No. 42--Fort Worth, 7X July 29, 2016
PSI Proposal No.:0337-186479
Reinforcing Steel Observation
Cast-In-Place Concrete Reinforcing Steel Observation
Senior Engineering Technician Per Hour 30 $45.00 $1,350.00
Transportation Charge Per Trip 3 $55.00 $165.00
Management Services for Supervision and Report Review Per Hour 14.40 $95.00 $1,368.00
Sub-Total $2,883.00
Reinforcing Steel Observation Estimate $2,883.00
Concrete Testing and Observation
Structural Concrete
Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 84 $44.00 $3,696.00
Concrete Engineering Technician(Overtime Hours) Per Hour 4 $66.00 $264.00
Concrete Cylinders(Cured and/or Tested in Compression) Each 120 $12.00 $1,440.00
Concrete Engineering Technician(Specimen Pick-up) Per Hour 52 $44.00 $2,288.00
Transportation Charge Per Trip 34 $55.00 $1,870.00
Management Services for Supervision and Report Review Per Hour 20.00 $95.00 $1,900.00
Sub-Total $11,458.00
Concrete Paving
Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 12 $44.00 $528.00
Concrete Engineering Technician(Overtime Hours) Per Hour 1 $66.00 $66.00
Concrete Cylinders(Cured and/or Tested in Compression) Each 25 $12.00 $300.00
Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00
Transportation Charge Per Trip 4 $55.00 $220.00
Management Services for Supervision and Report Review Per Hour 3.50 $95.00 $332.50
Sub-Total $1,798.50
Concrete Pavement Coring for In-place Thickness Testing
2-Man Coring Crew(Cores for In-Place Thickness Measurements) Per Hour 12 $44.00 $528.00
Concrete Cores(Coring 2"or 4"Diameter) Per Core 3 $55.00 $165.00
Core Hole Patching Per Core 3 $15.00 $45.00
Transportation Charge Per Trip 1 $55.00 $55.00
Management Services for Supervision and Report Review Per Hour 0.50 $95.00 $47.50
Sub-Total $840.50
Utility Structures/Sidewalks/Miscellaneous Concrete
Concrete Engineering Technician(Concrete Sampling and Testing) Per Hour 36 $44.00 $1,584.00
Concrete Cylinders(Cured and/or Tested in Compression) Each 45 $12.00 $540.00
Concrete Engineering Technician(Specimen Pick-up) Per Hour 24 $44.00 $1,056.00
Transportation Charge Per Trip 15 $55.00 $825.00
Management Services for Supervision and Report Review Per Hour 7.50 $95.00 $712.50
Sub-Total $4,717.50
Concrete Testing and Observation Estimate $18,814.50
Masonry Testing and Observation
Masonry Testing and Observation
Senior Engineering Technician(Grout and Mortar Sampling and Testing) Per Hour 40 $49.00 $1,960.00
Masonry Cubes(2in x tin x An Cubes) Each 12 $17.00 $204.00
Grout Prisms(3in x 3in x bin) Each 12 $20.00 $240.00
Concrete Engineering Technician(Specimen Pick-up) Per Hour 8 $44.00 $352.00
Transportation Charge Per Trip 8 $55.00 $440.00
Management Services for Supervision and Report Review Per Hour 3.50 $95.00 $332.50
Sub-Total $3,528.50
Masonry Tasting and Observation Estimate $3,528.50
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Page 4 of 8
Fire Station No. 42—Fort Worth, TX July 29, 2016
PSI Proposal No,:0337-186479
Structural Steel Observation
Structural Steel Observation
Structural Steel Technician(CWI) Per Hour 12 $75.00 $900.00
Transportation Charge Per Trip 3 $55.00 $165.00
Management Services for Supervision and Report Review Per Hour 1.50 $95.00 $142.50
Sub-Total $1,207.60
Structural Steel Observation Estimate $1,207.50
Construction Materials Testing and Observation Estimated Total $42,624.60 .
Page 5 of 8
Fire Station No. 42—Fort Worth, 7X July 29, 2016
PSI Proposal No.:0337-186479
Proposal Assumptions and Basis for Estimate
1. PSI did have a set of design drawings during preparation of this estimate.
2. PSI did have a set of project specifications during preparation of this estimate.
Construction 3. Documents provided to PSI: Project Specifications: 014100, 033000, 040511,
Documents 051200, 312400, 316329 dated 04/23/2016, Civil drawings dated 04/23/2016,
Structural drawings dated 04/23/2016, Project Geotechnical Report dated
06/17/2011.
4. PSI did not have a detailed construction schedule during preparation of this estimate.
1. We understand that the building pad preparation will require bringing to proper
elevation, scarifying and recompacting.
2. Initial proofroll observation prior to fill placement performed on Paving areas.
3. In-place moisture density gauge testing for structural areas estimated at 1 test per lift
Earthwork per 2,500 sqft,
4. In-place moisture density gauge testing for utilities estimated at 1 test per 300 LF per
1 foot lift,
5. In-place moisture density gauge testing for paving areas estimated at 1 test per lift
per 5,000 s ft.
1. We understand that the building foundation will consist of drilled straight shaft piers.
Pier 2. Assumed 8 drilled piers will be installed per day.
Observation 3. Assumed 2 drill rigs will be installing the pier foundations per day.
Post- 1. Not Included.
Tensioned
Slab
1. Assumed concrete placement rate at 50 cubic yards per hour.
Concrete 2• Assumed to cast 1 set of 5, 4 inch by 8 inch concrete test cylinders for every 100 cubic
yards of structural concrete or daily fraction thereof and/or for every 100 cubic yards of
avement concrete or fraction thereof.
1. Assumed 1 set of 6 mortar, 2 inch by 2 inch cubes and 1 set of 4 grout prisms per
Masonry 10,000 sgft. of masonry wall,or per visit.
2. Sampling and testing of Masonry Composite Prisms is not included in this estimate.
Asphalt 1. Not Included.
1. Perform visual observation on the structural steel framing in general accordance with
the Project Specifications for weld or bolted connections.
Structural 2, Nondestructive Examination of welded connections is not included in this estimate.
Steel However,we can prepare an estimate if this service is requested.
3. The Structural Steel observations quoted herein do not include the cost of conducting
observations at the fabrication shop.
Fire Proofing 1. Not Included.
Roofin 1. Not Included.
Page 6 of 8
Fire Station No. 42--Fort Worth, TX July 29, 2096
PSI Proposal No.:0337=986479
PSI General Notes
1. Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change
without notice thereafter
2. Services not included may be quoted upon request
3. Testing is conducted in general accordance with ASTM procedure and project specifications
4. All rates are billed on a portal to portal basis
5. The minimum billing increment for time is the full hour
6. A minimum charge of 4 hours applies to field testing and observation services
7. A per diem charge,if applicable,will be charged at a rate of$150.00 per day
8. Scheduling or cancellation of field testing and observation services is required no less than the working
day prior to the date the services are to be performed. Services cancelled without advance and/or
inadequate notice will be assessed a minimum 4 hour charge
9. Charges for retests or field cancellations without notice are not included in this estimate and will be
invoiced at the unit rates included herein
10. Overtime rates will be applicable for services performed before 7:00am and after 5:00pm, over 8 hours
per day Monday through Friday and for all hours worked on Saturdays, Sundays and holidays. The
overtime rate will be 1.5 times the applicable unit rate. Services performed on Sundays and Holidays will
be invoiced at 2 times the applicable hourly rate. Surcharges for laboratory services during overtime
hours or for expedited results may apply(these surcharges will be 1.5 times the applicable unit rate). The
minimum billing increment for overtime is the hour
11. Rates involving mileage (including vehicle charge and cylinder/sample pick-up) are subject to change
based upon fluctuations in the national average gasoline price. A fuel surcharge may be applied to
invoices to offset the increase in fuel prices for a gallon of regular gasoline. Changes may be made at
intervals not less than monthly
12. An engineering review charge to schedule and supervise personnel and evaluate and review reports
will be billed at 0.5 hours per single technician half day and 1.0 hours per single technician full day for
field testing services. Laboratory test reports will be billed at 0.4 hours for each test report excluding
laboratory moisture density curves, sieve analysis, lime series and drilled concrete cores for
compressive strength which will be billed at 0.9 hours per test report
13. Invoices will be billed on a monthly basis. Invoices will be mailed on or about the third business day
after the month to which services were rendered.
14. Concrete test cylinder sizes will be in accordance with ASTM C31 and ACI 318,
15. ACI 301-10 section 1.6.2.2.d, states that the contractor is responsible for"[providing] space and source
of electrical power on the project site for facilities to be used for initial curing of concrete test specimens
as required by ASTM C31/C31M,for the sole use of the Owner's quality assurance testing agency." PSI
understands the term"space"to mean"an environmentally controlled and secure space"for initial curing
in the field, and the contractor is required to provide electricity and security of the space. Accordingly,
this proposal does not include provisions or the associated fee for PSI to provide this service. The initial
curing box can be provided by PSI at the project site for additional fees which shall include the daily
rental cost and associated mobilization cost of the curing box. In the event the curing box is stolen or
damaged as the site security is the responsibility of the contractor, PSI shall invoice our client the cost of
the same at cost plus 15%
26. The services proposed herein are conventional in nature and do not include any special services that
may lessen the risk of conditions that can contribute to moisture, mold or other microbial contaminate
amplification in buildings. You may be aware that mold is abundant throughout nature and is
comprised of a wide variety of microscopic fungi. Due to its nature,the potential for mold infestations
cannot be completely eliminated. However, PSI offers a wide array of professional Moisture,
Waterproofing, Roofing and Indoor Air Quality/Mold Consulting services that can help minimize the
likelihood of future occurrences. PSI is interested in discussing these service options with you to suit
your specific needs and project objectives. If requested, PSI will submit a proposal for these
additional services under a separate cover for your review and authorization
Page 7 of 8
Fire Station No. 42—Fort Worth, TX July 29, 2096
PSI Proposal No.:0337 986479
Project Data Sheet
Construction Materials Testing and Observation Services
Project Name:
Project Physical Address:
Project Manager:
Mobile No.: Fax No.:
Site Contact:
Mobile No.: Fax No.: .
Distribution of Test Reports
Contact Name Email Address
Invoice Requirements
Your Purchase Order No.:
Billing Address Mailing Address(if different)
Attn: Attn:
Report Distribution:
PSI will deliver reports electronically to the client and others listed on the above distribution list. Reports
will be posted on a password protected, secure website(Construction Hive) only available to those on the
distribution list. An hourly administrative fee may be assessed for hardcopy mailing and other forms and
methods of report delivery.
IV—Al
Page 8 of 8