HomeMy WebLinkAboutContract 50780 CITY SECRETARY 1
CONTRACT N0.
j G CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and T.Smith Testing & Inspection, LLC., authorized to do business in Texas, an
independent contractor ("Consultant"), for a PROJECT generally described as: CMET
Special Inspection Testing, Handley Meadowbrook Community Center Expansion, 6201
Beaty Street, Fort Worth, Texas, TSIT Proposal P1 8084R.
The Agreement documents shall include the following:
1. This Standard Agreement for Professional Services;
2. Attachment "A"—Scope of Services;
3. Attachment "B"—Verification of Signature Authority Form.
Attachments A and B, which are attached hereto and incorporated herein, are made a part of
this Agreement for all purposes. In the event of any conflict between the terms and conditions
of Attachments A or B and the terms and conditions set forth in the body of this Agreement,
the terms and conditions of this Agreement shall control.
Article I
Scope of Services
(1) Consultant hereby agrees to perform as an independent contractor the services set
forth in the Scope of Services attached hereto as Attachment "A". These services
shall be performed in connection with CMET Special Inspection Testing, Handley
Meadowbrook Community Center Expansion, 6201 Beaty Street, Fort Worth, Texas,
TSIT Proposal P1 8084R.
(2) Additional services, if any, will be requested in writing by the City. City shall not pay
for any work performed by Consultant or its subconsultants, subcontractors and/or
suppliers that has not been ordered in writing. It is specifically agreed that
Consultant shall not be compensated for any alleged additional work resulting from
oral orders of any person.
Article II
Compensation
Consultant shall be compensated in accordance with the Fee Schedule shown in
Attachment "A". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment "A".
However the total fee paid by the City shall not exceed a total of $13,123.00 unless the
City and the Consultant mutually agree upon a fee amount for additional services and
amend this Agreement accordingly.
LOFFICNAL"CORD
TARy
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) r• Pa e 1 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. ay 2018
The Consultant shall provide monthly invoices to the City. Payment for services rendered
shall be due within thirty (30) days of the uncontested performance of the particular
services so ordered and receipt by City of Consultant's invoice for payment of same.
Acceptance by Consultant of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement 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
Unless terminated pursuant to the terms herein, this Agreement shall be in force until the
issuance of the occupancy certificate, beginning upon the date of its execution, or until the
completion of the subject matter contemplated herein, whichever occurs first.
Article IV
Independent Contractor
Consultant shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Consultant shall have exclusive control of and the
exclusive right to control the details of its work to be performed hereunder and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a partnership or joint
venture between City and Consultant.
Article V
Professional Competence and Indemnification
(1) Work performed by Consultant 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
Consultant or its officers, agents, employees, contractors and subcontractors for the
accuracy and competency of its services performed hereunder.
(2) In accordance with Texas Local Government Code Section 271.904, the
Consultant 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 Consultant or Consultant's agent,
consultant under contract, or another entity over which the Consultant's
exercises control.
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 2 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection, LLC. May 2018
Article VI
Insurance
(1) Consultant shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Consultant 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 subconsultant as
an additional insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$2,000,000 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
(2) Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Consultant's worker's
compensation insurance policy, the City, its officers, employees and servants shall
be endorsed as an additional insured on Consultant's insurance policies.
b. Certificates of insurance shall be delivered to the Architectural Services, Attention:
Brian R. Glass, 401 West 13th Street, Fort Worth, TX 76012, 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 ten days notice shall be acceptable in the event of non-payment of
premium.
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.
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Handley-Meadowbrook—T.Smith Testing&Inspection, LLC. May 2018
f. 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.
g. 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.
h. City shall not be responsible for the direct payment of insurance premium costs
for Consultant's insurance.
i. Consultant'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.
j. In the course of the Agreement, Consultant 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.
k. Consultant's liability shall not be limited to the specified amounts of insurance
required herein.
I. Upon the request of City, Consultant shall provide complete copies of all
insurance policies required by these Agreement documents.
Article VII
Transfer or Assignment
City and Consultant each bind themselves, and their lawful successors and assigns, to this
Agreement. Consultant, its lawful 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
(1) City may terminate this Agreement for its convenience on 30 days' written notice.
Either the City or the Consultant for cause may terminate this Agreement if either
Party fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with 5 days of written notice and
diligently complete the correction thereafter
(2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of
termination, Consultant shall discontinue services rendered up to the date of such
termination and City shall compensate Consultant based upon calculations in Article
II of this Agreement.
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Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
(3) All reports, whether partial or complete, prepared under this Agreement, including
any original drawings or documents, whether furnished by the City, its officers,
agents, employees, consultants, or contractors, or prepared by Consultant, 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
(1) Consultant agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Consultant involving transactions
relating to this Agreement. Consultant 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 Consultant reasonable advance notice of intended audits.
(2) Consultant 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 Consultant and any sub-consultant reasonable advance notice of intended
audit.
(3) Consultant and sub-consultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Consultant 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 Business and Small Business Enterprise (SBE) Participation
This paragraph is not applicable for this project.
Article XI
Observe and Comply
Consultant shall at all times observe and comply with all federal, state, and local 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
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Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
thereof shall be considered. Consultant 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 XII
Venue and Jurisdiction
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Agreement, venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of Texas
— Fort Worth Division. This Agreement shall be construed in accordance with the laws of
the State of Texas.
Article XIII
Contract Construction
The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Article XIV
Severability
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof to
any person or circumstance shall ever be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this
Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never been
contained therein.
Article XV
Notices
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
City of Fort Worth:
Attn: Brian R. Glass, AIA
Architectural Services Manager
401 West 13th Street
Fort Worth, Texas 76102
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 6 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
Consultant:
T.Smith Testing & Inspection, LLC.
Attn: Arthur Etherly, III
2211 Century Center Blvd., Suite 101
Irving, TX 75062
Article XVI
Headings
The headings contained herein are for the convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
Article XVII
Immigration Nationality Act
City actively supports the Immigration & Nationality Act (INA) which includes provisions
addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under
this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9),
maintain photocopies of all supporting employment eligibility and identity documentation for
all employees, and upon request, provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement.
Vendor shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services. Vendor shall
provide City with a certification letter that it has complied with the verification requirements
required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due
to violations of this provision. City shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
House Bill 89
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms
"boycott Israel" and "company" shall have the meanings ascribed to those terms in Section
808.001 of the Texas Government Code. By signing this contract, Contractor certifies
that Contractor's signature provides written verification to the City that Contractor: (1)
does not boycott Israel;and(2) will not boycott Israel during the term of the contract.
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 7 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
Article XVIII
Counterparts
This Agreement may be executed in one or more counterparts and each counterpart shall,
for all purposes, be deemed an original, but all such counterparts shall together constitute
but one and the same instrument.
Executed and effective this the_aaday of , 2018.
BY: BY:
CITY OF FORT WORTH CONSULTANT
T.Srnith Testing & Inspection, LLC.
4y,Jesus J. Chapa v Arthur Etherly, 1
Assistant City Manager COO
Date: 5Date: .��/0/Z��
AV 7" L RECOMMENDED:
P
B
Steve Cooke
Director, Property Management
APPROVED AS TO FORM AND LEGALITY M&C No.: Not Reguired
By: M&C Date:
John B. Strong
Assistant Attorney
ATT ST: Certification: Not Required
Mary J. Kayser 1. %.0
City Secretary
i
CONTRACT COMPLIANCE MANAGER: By signi I + ctge't m the person responsible for the
monitoring and administration of this contract,including a perf ce and reporting requirements.
By. &..11..4 G&V
Brian R. Glass,AIA
Architectural Services Manager OFFICIAL RECORD
CITY SECRETARY
Ili WORT'.
The Texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite,107,_Austin,_Texas, 78758,
telephone (512) 305-9000, has jurisdiction over individuals licensed under the Architects' Registration Law,
Texas Civil Statutes, Article 249a.
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 8 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
T.Smith Testing & Inspection, LLC.
2211 Century Center Blvd., Suite 101
Irving, TX 75062
Consultant hereby agrees to provide City with independent audit basic financial statements, but
also the fair presentation of the financial statements of individual funds.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Consultant and to execute any
agreement, amendment or change order on behalf of Consultant. Such binding authority has been
granted by proper order, resolution, ordinance or other authorization of Consultant. City is fully
entitled to rely on the warranty and representation set forth in this Form in entering into any
agreement or amendment with Consultant. Consultant will submit an updated Form within ten (10)
business days if there are any changes to the signatory authority. City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by
Consultant.
1. Name: Terry L. Smith
Position: CEO
=-
Signatu e
2. Name: Arthur Etherly,III
PosU Coo
Signature
3. JNN e7��wtion: Cf
Signat re
Name: Terry L. Smith
�l .9, '`.9_
Signature of President/CEO
Other Title:
Date: :sJ- to a
City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 9 of 9
Handley-Meadowbrook—T.Smith Testing&Inspection,LLC. May 2018
A-T-T °e,AMeMl IIA •
p ��
May 15, 2010 GEOTECHNICAL&CONSTRUCTION
MATERIALS TESTING
City of Fort Worth
401 W. 13th Street
Fort Worth, Texas 76102
Attn: Mr. Alfonso Meza, Registered Architect
Property Management Department
P: 817-392-8274
E: alfonso.meza@fortworthtexas.gov
Re: CMET Special Inspection Testing
Handley Meadowbrook Community Center Expansion
6201 Beaty Street
Fort Worth, Texas
TSIT Proposal P18084R
Dear Mr. Meza:
T. Smith Testing & Inspection, LLC appreciates this opportunity to submit this budgetary
estimate of fees for CMET Special Inspection Services on the above referenced project.
This estimate is based on the information obtained by review of the project plans and
specifications provided via Buzzsaw. Unit fees are per the 2017 CFW Geotechnical and
Construction Materials Testing Contract. Reviewing the project plans, we anticipate:
• Observation and density testing of paving subgrade, grade beam and utility backfill
• Special Inspections and observation of drilled pier foundation systems
• Special Inspections and testing of concrete placement and reinforcement
observation
• Special Inspections of structural connections
• Special Inspections and testing on masonry
• Special Inspections Letter documenting services provided as appropriate.
Please note that this is our estimate of your contractor's efficiencies in scheduling and
review of the redline plans. You will only be charged for the actual time and tests
performed in accordance with this proposal. Note that the Special Inspection Letter can
only be provided for services scheduled by your representative and completed per the
project requirements. A breakdown of our budgetary estimate is attached.
Fort Worth: pallas: dip;
7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St.,Ste 3
Fort Worth,Texas 76118 Irving,Texas 75062 Leander,Texas 78641
Phone:(817)589-9933 Phone:(972)573-6083 Phone:(512)337-5596
r■
:M11
TSIT Proposal P18084R "U
GEOTLCNNICALF CONS IRUCTION
May 15„ 2018 - mATERIALSTESTING -
Page 2
We appreciate the opportunity to provide this proposal. If you have any questions do not
hesitate to contact us with any questions.
Sincerely,
T. Smith Testing & Inspection, LLC.
Firm Registration F-5278
Sana Sarama Kemp Akeman, P.E.
Graduate! Engineer Principal Engineer
Attachment: Estimate of Testing Costs
Fon Worth: Dallas: Austin:
7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St.,Ste 3
Fort Worth,Texas 76118 Irving,Texas 75062 Leander,Texas 78641
Phone:(817)589-9933 Phone:(972)573-6083 Phone:(512)337-5596
i
�ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P18084RI .�I RCONSTRUCTION
MATERIALS TESTING
Handley Meadowbrook Community Center Expansion
May 15, 2018 Fort Worth, Texas
SERVICE Unit Rate Units Unit Cost
SOILS
Soil Testing,First 90 minutes including equipment $175.00 8 Ls $1,400.00
Soil Testing(Overtime) $50.00 12 hour $600.00
Moisture Density Relations ASTM D-698 $155.00 3 each $465.00
Moisture Density Relations TEX-113E $225.00 0 each $0,00
Atterberg Limits $55.00 3 each $165.00
Decant (-200) $37.00 3 each $111.00
Soil Sampling,tech time and vehicle $150.00 2 LS $300.00
Notes:
Specifications: One(1)density test per 2500 square feet building subgrade and select fill
One(1)density test per 2500 square feet of paving subgmde and fill.
One(1)density test per 100 lineal feet building leave-out backfill.
One(1)density test per 100 lineal feet of trench backfill..
PIERS
Pier Inspection $51.50 22 hour $1,133.00
Pier Inspection Overtime $51.50 6 hour $309.00
Concrete Cylinders $17.00 10 each $170.00
Project Engineer $113.50 3 hour $340.50
Assumptions:2 days of pier drilling with two drilling rigs and one technician working 11 days.
CONCRETE
Concrete Mix Design $600.00 0 each $0.00
Concrete Mix Design Review $100.00 0 each $0.00
Batch Plant Inspection $45.00 0 hour $0.00
Concrete Inspection $45.00 32 hour $1,440.00
Concrete Inspection Overtime $45.00 0 hour $0.00
Concrete Cylinders $17.00 36 each $612.00
Reinforcing Steel Inspection $45.00 12 each $540.00
Cylinder Pickup,time and vehicle, $150.00 10 LS $1,500.00
Assumptions: One(1)set of concrete cylinders per 100 cubic yards of concrete placed.
includes 1 slab placement,3 grade beam placements,2 pavement placements and
2 sidewalk placements
Page 3 of 4
Fort Worth: pis; gyp;
7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood St.,Ste 3
Fort Worth,Texas 76118 Irving,Texas 75062 Leander,Texas 78641
Phone:(817)589-9933 Phone:(972)573-6083 Phone:(512)337-SS96
■
ntj
I
Asphalt GroreC NICAt a,er ;srroir ncri
Asph Field Inspt(TxDOT 1B),Tech and equip,first 90 minutes $175.00 0 Ls _ I&W[ JiN
Asphalt Field Inspection (TxDOT Level IB),remaining time $50.00 0 hoar $0.00
Asphalt Content(Ignition Burn Off) $75.00 0 each $0.00
Theoretical Maximum Specific Gravity $80.00 0 each $0.00
Lab Molded Density(set of 3) $75.00 0 set $0.00
Asphalt Coring $45.00 0 hour $0.00
Asphalt Core Density $15.00 0 each $0.00
Core Thickness Test $22.00 0 each $0.00
STRUCTURAL STEEL
Structural Steel Inspection (5 Hour min) $68.00 10 hour $680.00
Ultrasonic Inspection $68.00 0 hour $0.00
MASONRY
Masonry Sampling $51.50 16 hour $824.00
Mortar Cubes (6 Per set) $16.00 0 each $0.00
Grout Units (4 Per set) $30.00 8 each $240.00
Masonry Prisms (3 Per set) $120.00 6 each $720.00
Assumptions:
TRAVEL
Trip Charge (each) $38.50 17 each $654.50
PROJECT MANAGEMENT
Project Management $93.00 7 hour $651.00
Project Engineer $113.50 hour $0.00
Senior Engineer,Special Inspection Letter $134.00 2 hour $268.00
Note:Project Management time is billed as time for reviewing reports,coordination,and consultation.
ESTIMATED BUDGET: $13,123.00
NOTES:
1)This is an estimate of the cost for testing and inspection.Construction schedules and
2)All services billed at a hourly rate and charged at the applicable rate,portal-to-portal with a 3 hour minimum
3)Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over 10 hours per day Monday
4)Additional test not specified in this proposal will be quoted upon request.
5)The estimated units above do not include stand-by-time for contractor non-readiness or retests of
previously failing tests.
Payment Terms Net 30 Days
Page 4 of 4
Fort Worth; Dallas: fin;
7473 Airport Freeway 2211 Century Center Blvd.Ste 101 304 Hazlewood St.,Ste 3
Fort Worth,Texas 76118 Irving,Texas 75062 Leander,Texas 78641
Phone:(817)589-9933 Phone:(972)573-6083 Phone:(512)337-5596