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HomeMy WebLinkAboutContract 50783 CITY SECRETARY CITY OF FORT WORTH, TEXAS CONTRACT NO. D�� 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, Eugene McCray Community Center Expansion, 4932 Wilbarger Street, Fort Worth, Texas, TSIT Proposal P18085R. 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, Eugene McCray Community Center Expansion, 4932 Wilbarger Street, Fort Worth, Texas, TSIT Proposal P18085R. (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 $14,569.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. EOFFICIALDY City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 1 of 9 Eugene McCray—T.Smith Testing&Inspection,LLC. May 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 Eugene McCray—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. City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 3 of 9 Eugene McCray—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. City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 4 of 9 Eugene McCray—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 City of Fort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 5 of 9 Eugene McCray—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 Eugene McCray—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 Eugene McCray—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 d-3 day of , 2018. BY: BY: CITY OF FORT WORTH CONSULTANT T.Smith Testing & Inspection, LLC. Jesus J. Chapa Arthur Etherly, II Assistant City Manager COO Dater Date: PROVAL REC MMENDED: B : Steve Cooke 601 Director, Property Management APPROVED AS TO FORM AND LEGALITY M&C No.: Not Required LABy: M&C Date: J hnB. Srong Assistant Cit ttorney TTEST: ertification: Not Required Mary J. Kayser City Secretary CONTRACT COMPLIANCE MANAGER: By signin je tha the person responsible for the monitoring and administration of this contract,including en a ce and reporting requirements. By. A, G� OFFICIAL RECORD Brian R.Glass,AIA CITY 811111CROTARY Architectural Services Manager �p WORTH, Y P lir ORTH, 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(10/3012017) Page 8 of 9 Eugene McCray—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 Signat re 2. Name: Arthur Etherly, III Pos'tion: COO l� Signature 3. jPS e: tion: CF ignat( e Name: Terry L. Smith 15-Z 19— Signature of President/CEO Other Title: Date: City of t=ort Worth,Texas—Std.Agreement for Professional Services(10/30/2017) Page 9 of 9 Eugene McCray—T.Smith Testing&Inspection, LLC. May 2018 A f�f"A,,:,K lel 641 ff1TJ May 15, 2018 GEOTECHNICAL 2 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 Eugene McCray Community Center Expansion 4932 Wilbarger St. Fort Worth, Texas TSIT Proposal P18085R 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; Dallas: I 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 I Phone:(512)337-5596 ■ TSIT Proposal P18085R ""C"""' May 15, 2018 GEOTECHK NAPS &CONSIRUCTVO - MATERIALS TESTING ^-- 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. Finn Registration F-5278 Sana Sarama Kemp Akeman, P.E. Graduate Engineer Principal Engineer Attachment: Estimate of Testing Costs Fort 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 PiTi ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P18085RIA! rA,1 's; ;1 MA TKI MATERIAL TESTING McCray Community Center Expansion May 15, 2018 Fort Worth, Texas SERVICE Unit Rate Units Unit Cost SOULS Soil Testing,First 90 minutes including equipment $175.00 9 LS $1,575.00 Soil Testing(Overtime) $50.00 14 hour $700.00 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 per2500 square feet building subgrade and select fill One(1)density test per2500 square feet of paving subgrade 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 24 hour $1,236.00 Pier Inspection Overtime $51.50 9 hour $463.50 Concrete Cylinders $17.00 12 each $204.00 Project Engineer $113.50 3 hour $340.50 Assumptions:3 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 30 hour $1,350.00 Concrete Inspection Overtime $45.00 0 hour $0.00 Concrete Cylinders $17.00 40 each $680.00 Reinforcing Steel Inspection $45.00 9 each $405.00 Cylinder Pickup,time and vehicle, $150.00 12 LS $1,800.00 Assumptions: One(1)set of4 concrete cylinders per 100 cubic yards of concrete placed. Assumes 1 slab pour,3 grade beam pours,2 pours for dumpster,and I paving pour. Page 3 of 4 Fort worth: Dallas: gyp; 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 304 Hazlewood 54,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:MiTi GEOTECHNICAL&CONSTRUCTION WrERIALS TEONG --- Asphalt Asph Field Inspt(TxDOT IB),Tech and equip,first 90 minutes $175.00 3 Ls $525.00 Asphalt Field Inspection (TxDOT Level 1B),remaining time $50.00 5 hour $250.00 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 16 each $616.00 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: $14,569.00 NOTES: 1)This is an estimate ofthe 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: 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)337-5596