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HomeMy WebLinkAboutContract 49251-R1 CSC NO. 49251 Q A, CITY OF FORT WORTH ��� CONTRACT RENEWAL NOTICE CITY SECRETARY Nf, 2018 CONTRACT N0. Q T. Smith Inspection and Testing, LLC 2211 Century Center Blvd., Suite 101 Irving, Texas 75062 Attn:Arthur Etherly, III RE: NOTICE OF CONTRACT RENEWAL Geotechnical Engineering and Materials Testing Services Contract No. CSC No.49251 ("Contract") Contract Amount: $500,000.00 The above referenced Contract will expire on July 5,2018.Authorized work ordered prior to the expiration date may continue; however no new work orders may be processed under this agreement, unless renewed. Pursuant to the Contract,two contract renewals are permitted.This letter is to inform you that the City is exercising its option to renew CSC No.49251 for an additional one year period,which will begin on the Effective Date established in the renewal document attached hereto. The charge for project management(PM)on each invoice,Attachment B to the original contract, will be increased to 7%of the total services provided on the invoice. . The Contract requires certain amendments to comply with recently enacted state laws and other staff-requested changes.The First Renewal and Amendment is attached hereto for your review and execution. The amendments will be incorporated into the original Contract terms with this renewal.All other terms and conditions of the Contract remain unchanged. If your firm agrees to the amendments and renewal terms, please sign and return this acknowledgment letter and the First Renewal and Amendment document and provide a copy of your current insurance certificate to the undersigned. Please log onto BuySpeed Online at http://fortworthtexas.gov/purchasing to insure that your company information is correct and up-to-date If you have any questions concerning this Contract Renewal, please don't hesitate to contact me. Sincerel o ZemArega TPW Capital Delivery/Lab Services 5000 Martin Luther King Jr. Fwy Fort Worth,Texas 76119 (817)392-8930 By: Arthur Etherly, III, COO Date: May 21, 2018 Printed Name and Title Signature � F OfF1CIAL RECORD CITY$ 1 CRETARY °WORTH,TX Page 1 of 1 CITY OF FORT WORTH AMENDMENT AND FIRST RENEWAL OF AGREEMENT WHEREAS,this Amendment and Renewal of Agreement is between the City of Fort Worth, ("CITY"), and T. Smith Inspection and Testing, LLC, ("CONSULTANT"); and WHEREAS, CITY and CONSULTANT desire to amend and renew the Original Agreement(City Secretary#49251); and WHEREAS, the Original Agreement and this Renewal were approved by M&C C- 28278(June 20,2017), for the Project generally described as: Geotechnical Engineering and Materials Testing Services; NOW, THEREFORE, it is agreed by the CITY and CONSULTANT as follows: Article I The Scope of Services as set forth in the Original Agreement remains unchanged. Article II The CONSULTANT's compensation for this Renewal shall not exceed a total of $500,000.00. Article III The CONSULTANT's charge for project management (PM) on each invoice, Attachment B to the original contract, shall be increased to 7% of the total services provided on the invoice. Article IV The Agreement is hereby amended to include the following language: Immigration Nationality Act CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, CONSULTANT shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. CONSULTANT shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S First Renewal of Agreement Page 1 of 3 Construction Inspection Services for Infrastructure Projects EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to CONSULTANT, shall have the right to immediately terminate this Agreement for violations of this provision by CONSULTANT. Article V The Agreement is hereby amended to include the following language: Prohibition on Contracts with Companies Boycotting Israel CONSULTANT 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, CONSULTANT certifies that CONSULTANT's signature provides written verification to the City that CONSULTANT.(1)does not boycott Israel;and(2) will not boycott Israel during the term of the contract. Article VI All other provisions of the Original Agreement not expressly amended herein, shall remain in full force and effect. EXECUTED and EFFECTIVE as of the date subscribed by the City's designated City Manager. APPROVED: City of Fort Worth 1 Susan Alanis NAME Arthur Etherly, III Assistant City Manager TITLE TSIT, COO DATE: S DATE: First Renewal of Agreement Page 2 of 3 Construction Inspection Services for Infrastructure Projects APPROVAL RECOMMENDED: D/-'= L), (.,)L-�( Dougla . Wiersig, P.E. Director, Transportation/Public Works Department APPROVED AS TO FORM AND LEGALITY: M&C: Date: (Q Jo 7 Douglas W. Black Assistant City Attorney ATT T• �oF FORT a,�-.tom -�:" :�I ary . Kayser City Secretary •ACAS Contract Compliance Manager: By Sloning. l achnoNlcdge that l and the person responsiblc for the nlonitoring and administration of this contract, n1ClUding ellSLll'lllg all performance and reporting 1"eclUU'enlentS. Zelalem)§(rega, P.E. Sr. Professional Engineer OFFICIAL RECORD CITY SECUTARY M"d'►WORTH,TX First Renewal of Agreement Page 3 of 3 Construction Inspection Services for Infrastructure Projects CERTIFICATE OF LIABILITY INSURANCE IIA IF(MM1I)Ulr'V'/YI `...•�' 04/20/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jimmy Bradley Bradley Insurance Agency p"CN o Exit: (817)332-8288 ac No): 1415 Summit Avenue E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N Fort Worth TX 76102 INSURER A: NATIONAL LLOYDS INS CO 15474 INSURED INSURER B: AMGUARD INS CO 42390 T Smith Inspection&Testing LLC INSURER C: TEXAS MUTUAL INSURANCE COMPANY 22945 2211 Century Center Blvd.Suite 101-Mailing INSURER : Certain Underwriters at Lloyds 15792 7473 Airport Freeway Fort Worth,Texas 76118-Physical INSURER E: Irving TX 75062 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD/YYYY MMIDDMIYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 AMAGE TO CLAIMS-MADE a OCCUR PREMISES EaENTED occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A GL8006476-02 03/17/2018 03/17/2019 PERSONAL&ADV INJURY $ 100,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 \00, POLICY❑JEo �LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED TXSMAR21 12/09/2017 12/09/2018 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY Y - STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE - E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? ❑N N/A 0001213688 06/29/2017 06/29/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Professional Liability Limit 2,000,000 D PGIARK01923-06 04/20/2018 04/20/2019 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached H more space Is required) Project:Annual Geotechnical Material Testing and Enviornmental Requirements Contract-Developer.City of Fort Worth,Douglas W.Wiersig,PE,Ph.D.,Director,Department of Transportation and Public Works,City of Fort Worth is included as Additional Insured on General Liability,Auto Liability,and Umbrella Liability follows form.Waiver of Subrogation is in their favor on General Liability,Auto Liability,Umbrella Liability,and Workers Compensation policies. Ten(10)day notice. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth/Douglas W.Wiersig,PH.D., ACCORDANCE WITH THE POLICY PROVISIONS. Director Department of Transportation and Public Works AUTHORIZED REPRESENTATIVE 1000 Throckmorton Street I Fort Worth TX 76102 ............. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA 'MRT` H COUNCIL ACTION: Approved on 612012017 REFERENCE LOG 202017 GEOTECH ENGINEERING DATE: 6/20/2017 NO.: **C-28278 NAME: AND MATERIALS SERVICES CONTRACTS #ODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of One-Year Annual Contracts with Renewal Options for Geotechnical Engineering and Materials Testing Services for Various Construction Projects with Twelve Companies: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas — Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and.T'8mith Inspection and Testing, LLC, Each for a Fee Not to Exceed $500,000.00 Annually (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute individual contracts with Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona & Associates, Inc., HVJ North Texas — Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and T Smith Inspection and Testing, LLC, for geotechnical engineering and materials testing for various construction projects. The term of each Agreement is one-year with two one-year renewal options. The annual amount of each contract is up to $500,000.00. DISCUSSION: A Request for Proposals (RFP) was published for these services in the Fort Worth Star-Telegram on February 2, 2017, February 9, 2017, February 16, 2017 and February 23, 2017. The Transportation and Public Works Department received written Statements of Qualifications (SOQ) on March 2, 2017 from 21 firms. Each firm's SOQ was evaluated based upon pre-established selection criteria including qualification of personnel, experience, performance on previous City contracts and availability of testing equipment. An inter-departmental committee selected the most qualified, and now recommends the following firms for contract approval: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Fugro USA Land, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., HVJ North Texas — Chelliah Consultants, Inc., Landtec Engineers, LLC, Rone Engineering Services, LTD, Terracon Consultants, Inc., and T Smith Inspection and Testing, LLC. Funding for the geotechnical engineering and materials testing services for City projects will be provided through various project funding sources. Services for the developer projects will be paid by the developers who initiate the construction projects. M/WBE OFFICE - M/WBE Office in conjunction with the Transportation and Public Works Department has determined compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this project. Eight of the twelve firms recommended for award are SBE certified: Alliance Geotechnical Group, Inc., CMJ Engineering and Testing, Inc., D&S Engineering Labs, LLC, Ellerbee Walczak, Inc., Globe Engineers, Inc., Gorrondona & Associates, Inc., HVJ North Texas — Chelliah Consultants, Inc., and T Smith Inspection and Testing, LLC. The remaining four firms Fugro USA Land, Inc., Landtec Engineers, LLC, Rone Engineering Services, Ltd., and Terracon Consultants, Inc., committed to 15 percent SBE participation. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, on a project by project basis of the Water Capital Fund, the Sewer Capital funds and the TPW CFA Fund. Prior to an expense being incurred, the participating department has the responsibility to validate the availability of funds. TO Fund Department I Account I Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I Year (Chartfield 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Roy Teal (7958) Zelalem Arega (8930) ATTACHMENTS Form 1295 Certificate 100214967 Signed 5-30-17CMJ Geotech.pdf Form 1295 Geotech 12 En.ineers(Reyised).pdf Forn1295 Terracon Geotech.pdf