HomeMy WebLinkAboutContract 35736 CITY SECRETARY
CONTRACT NO.
CITY OF FORT WORTH, TEXAS
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
STATE OF TEXAS §
KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
THIS AGREEMENT, entered into the day of k n4Y( 2007,
by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant,
Denton, Parker, and Wise Counties, Texas, acting herein by and through Marc
Ott, its duly authorized Assistant City Manager, hereinafter called the "City", and
MACTEC Engineering and Consulting, Inc., an independent contractor, acting by
and through Sam M. Watson, its duly authorized Texas Regional Manager,
hereinafter called "Engineer," for the Fort Worth Convention Center Parking
Garage project.
WITNESSETH
That for and in consideration of mutual covenants and agreements herein
contained, the parties hereto mutually agree as follows:
ARTICLE I
SERVICES
Section 1. Engineer hereby agrees to perform as the independent contractor
such professional services as may be requested by the City during the term of
this Agreement. These professional services shall be performed in connection
with geotechnical investigation for building construction, renovation, roads,
landfills, utilities and other civil works as may be required during the life of this
Agreement and include laboratory analysis, field work, and reports. These
services shall also include material testing. This Agreement is for the Fort Worth
Convention Center Parking Garage project.
Section 2. In addition to the professional engineering services to be performed
under Section 1 above, Engineer shall render the following professional services:
1. Attend such conferences with City officials as may be determined
necessary to ensure the drilling, testing, and analysis will proceed in an
economical and orderly manner.
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2. Advise the City on special aspects of each project as may be
requested by the City.
3. Furnish all necessary personnel, drilling equipment, laboratory
testing equipment, and materials necessary to perform all testing and
other work; required and contemplated under this Agreement and at such
time and in such manner so as not to delay the geotechnical investigation
by the City. Engineer shall also furnish all necessary barricades, signs
and other warning devices and their appurtenances so as to comply with
all applicable local, state and federal laws, rules and regulations.
ARTICLE II
CITY'S OBLIGATIONS AND COMPENSATION
Section 1. All testing or other work to be performed under this Agreement will
be specified in writing by the City. City shall not pay for any testing or other work
performed by Engineer or its subcontractors that has not been ordered in writing.
It is specifically agreed that Engineer shall not be compensated for any alleged
additional work resulting from oral orders of any person.
City shall make available to Engineer in the performance of the Agreement, all
existing plans, maps, field notes, statistics, computations, and other data in its
possession relative to the sites designated for investigation. City assumes no
responsibility for the accuracy of such data furnished to Engineer by the City, its
agents, contractors, or subcontractors.
Section 2. City agrees to pay Engineer for testing services on a unit price per
authorized test basis. The unit price to be paid for each authorized service shall
not exceed the unit price amount set out in the MACTEC Engineering and
Consulting, Inc. letter dated August 22, 2007, subject: Proposal for Construction
Materials Testing and Inspection for the Convention Center Parking Garage, Fort
Worth, Texas, MACTEC Proposal No. PROP07DAL.0025R2, with the Scope of
Services, Quality Control Fees, attached hereto, marked Attachment "A", and
incorporated herein for all purposes incident to this Agreement. In no event shall
the total Agreement price paid by the City for all services performed hereunder
exceed the sum of Four Hundred Thousand Dollars ($400,000.00).
The method of payment shall be as follows: Payment for services rendered
shall be due upon completion of the particular services so ordered and receipt by
City of Engineer's invoice for payment of same.
Acceptance by Engineer of said payment shall operate as and shall release the
City from all claims or liabilities under this 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.
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ARTICLE III
TERM
This Agreement shall be for a term of sixteen (16) months, beginning upon the
date of its execution.
ARTICLE IV
INDEPENDENT CONTRACTOR
Engineer shall operate hereunder as an independent contractor, and not as an
officer, agent, servant, or employee of the City. Engineer shall have exclusive
control of and the exclusive right to control the details of the work to be
performed hereunder and all persons performing same, and shall be solely
responsible for the acts and omissions of its officers, agents, employees,
contractors and subcontractors. The doctrine of respondent superior shall not
apply as between City and Engineer, its officers, agents, employees, contractors,
and subcontractors, and nothing herein shall be construed as creating a
partnership or joint venture between City and Engineer.
ARTICLE V
PROFESSIONAL COMPETENCE AND INDEMNIFICATION
Section 1. The standard of care applicable to Engineers 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. Engineer shall comply in all aspects with
all applicable local, state and federal laws and with all applicable rules and
regulations promulgated by the local, state and national boards, bureaus and
agencies. Approval by the City shall not constitute or be deemed to be a release
of the responsibility and liability of Engineer or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its drilling,
testing, and reporting, and other engineering services performed hereunder.
Section 2. Engineer shall indemnify, hold harmless and defend the City and all of
its officers, agents, servants and employees from and against any and all claims
or suits for property damage or loss and/or personal injury, including death, to
any and all persons of whatsoever kind or character, including but not limited to
employees of Engineer, employees of subcontractors, and all other persons
performing work incident to this Agreement to the extent said claims or suits rise
out of or are connected with directly or indirectly:
a. The negligent, defective or deficient execution, performance,
attempted performance or non-performance of this Agreement by
Engineer.
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b. Any error, omission, defect, deficiency or negligence of Engineer in
drilling and testing, reporting, recommendations or any other engineering
services;
C. Any neglect in the safeguarding of the work by Engineer or its
subcontractors;
d. Failure by Engineer or its subcontractors to properly execute the
work;
e. Defective work or materials; and/or
f. Striking, cutting, impaling or tearing any cables, utility lines, pipes
and other matter located beneath the surface due to the negligence or
wrongful acts of Engineer.
Engineer shall likewise indemnify, and hold harmless, City for any and all injury
or damage to City property arising out of, or in connection with, any and all acts
or omissions of Engineer, its officers, agents, employees or subcontractors.
ARTICLE VI
INSURANCE
Section 1. Engineer shall not commence work under this Agreement until it
has obtained all insurance required under this Article VI and the City has
approved such insurance, nor shall Engineer allow any subcontractor to
commence work on its subcontract until all similar insurance of the subcontractor
has been so obtained and approval given by the City; provided, however,
Consultant may elect to add any subconsultant as an additional insured under its
liability policies.
Commercial General Liability
$5,000,000 each occurrence
$5,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent
limits of coverage if written on a split limits basis).
Coverage shall be on any vehicle used in the course
of the PROJECT.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
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$100,000 disease - each employee
Professional Liability
$1,000,000 each claim/annual aggregate
Section 2. Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Engineer's
worker's compensation insurance policy and professional liability
insurance, the City, its officers, employees and servants shall be
endorsed as an additional insured on Engineer's insurance policies.
b. Certificates of insurance shall be delivered to the Transportation and
Public Works Department, ATTN: Architectural Services, 1000
Throckmorton Street, Fort Worth, TX 76102, prior to commencement of
work.
c. Any failure on part of the City to request required insurance
documentation shall not constitute a waiver of the insurance
requirements specified herein.
d. The City shall be provided with a minimum of 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.
f. Deductible limits, or self-funded retention limits, on each policy must
not exceed $10,000.00 per occurrence unless otherwise approved by
the City.
g. Other than worker's compensation insurance, in lieu of traditional
insurance, City may consider alternative coverage or risk treatment
measures through insurance pools or risk retention groups. The City
must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees
employed on the project shall be endorsed with a waiver of
subrogation providing rights of recovery in favor of the City.
i. City shall not be responsible for the direct payment of insurance
premium costs for Engineer's insurance.
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j. Engineer's insurance policies shall each be endorsed to provide that
such insurance is primary protection and any self-funded or
commercial coverage maintained by City shall not be called upon to
contribute to loss recovery.
k. In the course of the Agreement, Engineer shall report, in a timely
manner, to City's officially designated contract administrator any known
loss occurrence which could give rise to a liability claim or lawsuit or
which could result in a property loss.
I. Engineer's liability shall not be limited to the specified amounts of
insurance required herein.
ARTICLE VII
TRANSFER OR ASSIGNMENT
City and Engineer each bind themselves, and their respective successor and
assigns, to this Agreement. Engineer, its successors and assigns, shall not
assign, sublet or transfer any interest in this Agreement without prior written
consent of the City.
ARTICLE VIII
TERMINATION OF CONTRACT
Section 1. City may terminate this Agreement at any time, for any cause, by
notice in writing to Engineer. Upon receipt of such notice, Engineer shall
immediately discontinue all services and work hereunder and the placing of all
orders or the entering into contracts for supplies, assistance, facilities, and
materials, in connection with the performance of this Agreement and shall
proceed to cancel promptly all existing contracts insofar as they are chargeable
to this Agreement.
Section 2. If City chooses to terminate this Agreement under Article VIII,
Section 1, upon receipt of notice of termination, Engineer shall discontinue
services rendered up to the date of such termination based upon calculations in
Article II, Section 2 and the attached incorporated Schedule of Fees and
Services (Exhibit "A").
Section 3. All reports, whether partial or complete, prepared under this
Agreement, including the original drawings, whether furnished by the City, its
officers, agents, employees, consultants, engineers, or contractors, or prepared
by Engineer, shall be or become the property of the City, and shall be furnished
to the City prior to or at the time such services are completed, or upon
termination or expiration of this Agreement. Reports of Work product prepared
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by Engineer will not be used by the City for project sites other than those for
which they were prepared by Engineer.
ARTICLE IX
RIGHT TO AUDIT
(a) Engineer agrees that the City shall, until the expiration of three (3) years after
final payment under this Agreement, have access to and the right to examine
any directly pertinent books, documents, papers and records of Engineer
involving transactions relating to this Agreement. Engineer agrees that the
City shall have access during normal working hours to all necessary facilities
and shall be provided adequate and appropriate workspace in order to
conduct audits. City shall give Engineer reasonable advance notice of
intended audits.
(b) Engineer further agrees to include in all its subcontracts hereunder, a
provision to the effect that the subcontracting consultant agrees that the City
shall, until the expiration of three (3) years after final payment under the
subcontract, have access to and the right to examine any directly pertinent
books, documents, papers and records of such subconsultant, involving
transactions to the subcontract, and further, that 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 IX. City shall give Engineer and
any subconsultant reasonable advance notice of intended audit.
(c) Engineer and subconsultants agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Engineer for the cost of
copies at the rate published in the Texas Administrative Code in effect as of the
time copying is performed.
ARTICLE X
MINORITY AND WOMAN BISUNESS ENTERPRISE
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the
participation of minority business enterprises and woman business enterprises
("M/WBE") in City contracts. Engineer acknowledges the M/WBE goal
established for this Agreement and its commitment to meet that goal. The City's
goal is 20% and the Engineer's commitment for this Agreement is 20%. 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.
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ARTICLE XI
OBSERVE AND COMPLY
Engineer shall at all times observe and comply with all federal and State laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders,
laws ordinances and regulations which may exist or may be enacted later by
governing bodies having jurisdiction or authority for such enactment. No plea of
misunderstanding or ignorance thereof shall be considered. Engineer agrees to
defend, indemnify and hold harmless City and all of its officers, agents and
employees from and against all claims or liability arising out of the violation of any
such order, law, ordinance, or regulation, whether it be by itself or its employees.
ARTICLE XIII
GOVERNING LAW, VENUE & 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.
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement in multiple originals the day and year first above written, in Fort
Worth, Tarrant County, Texas.
MA GI RIN & CONSULTING, INC. APPROVED:
By: By:
Sam . Watson Mar Ott
Texas Regional Manager Assistant City Manager
APPROVAL RECOMMENDED: RECORDED:
By: By:
Robert Goode, PE, Director Marty Hendrix
Transportation & Public Works Dept. City Secretary
4
APPROVE TO FOR LE LITY: -Iyl&C C-22222 (July 10, 2007)
Contract Authorization
By:
Am . a y _ Date: Q--�M
Assistant y A torney
Geotechnical Engineering Services ' `��'96a RECORD
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IM ORTH, TEN.
MACTEC i
— — engineering and cOnstruc.ting u better tomorrow
Au('ust 22, 2007
Dalton K. MUravania, AIA
Architectural Services 1\4ana,,er
Citv of Fort Worth
319 West 10°i Street
Fort Worth, Texas 7610``'-4616
(817) 392-8088 Phone
(817) 392-8488 Fax
Subject: Proposal for Construction Materials Testing and Inspection
Convention Center Parking Garage
Fort Worth,Texas
MACTEC Proposal No. PROP07DAL.0025R2
Dear Mr. Muravama:
MACTEC Engineering and Consulting, Inc. (MACTEC) is}Teased to submit this revised proposal to
perform construction materials testing and inspection for the referenced project. A brief description of
the project information, our proposed scope of services, and our estimated costs. schedule, and
authorization requirements for these services is presented in the following sections.
PROJECT INFORMATION
The City of Fort Worth is malting preparations for the construction of a new parking garage to be
located between Throck.morton and I{ouston Streets at the intersection with West I I'" Street in Fort
Worth, Texas. The garage will be I 1 stories over a ground floor shopping mall. A basement is not
planned. The garage will have a ramp from the ground floor to the first parking level and a
loading/unloading dock at grade. The structure will be reinforced concrete. A set of construction plans
and specifications,dated March 19, 2007. were provided by Jacobs Facilities, Inc.
PROPOSED SCOPE OF SERVICES
The following scope of services is based on our understanding of the project requirements. Services
i
anticipated for the project and the proposed construction include the following:
MACTEC Engineering and Consulting, Inc. '��ILI
16650 Westgrove Drive, Suite 600 . Dallas, TX 75001 0 Phone: 469.828.4100 0 469.828.41 10 �tl, ?�� y. Ltee.jom
AIACTEC/rnposcrl Nu. PROP DALL.0025R' August 22, ?UU,
Engineering technicians to sample and test plastic concrete at the tune of
placement,perform required field tests and mold compressive strength specimens
at specified intervals.
Engineering technicians to sample soil and perform moisture densiIx relation
testing as required by the specifications.
Engineering technicians to determine in-place density of compacted soils at
specified frequencies.
En,yineering technicians to monitor drilled shafts and cast concrete test specimens
at the time ofthe drilling.
Engineering technicians to inspect reinforcing steel prior to concrete placements.
Engineerin-technicians to inspect and test structural steel and welds as required
by the specifications.
Engineering technicians to sample and test mortar and grout at intervals
determined by the City of Fort «'orth.
In laboratory testing of aggregates, soil_grout and mortar as needed.
PROJECT COSTS
It is our understanding that the budget for the construction materials testing will he not to exceed
$400.000. Attached is a break-down of these costs. A minimum 20 percent of the wort: will be
performed by a minority firm as per the requirements of the City of Fort Worth. MACTEC has
extensi\,e experience with these types of projects; however, the actual quantities will vary due to
differing site conditions and the actual construction schedule. Technician hourly rates are based on an
eight hour working day. Work performed before 8:00 am,after 5:00 pm.or on Saturday is considered
overtime and will be cbarged at a rate of 1.5 Times the normal hourly rate.
AUTHORIZATION
The proposed scope ofl8ervices will he performed as per the agreement between the City of Fort Worth
and MACTEC. MACTEC is not responsible for safety or security at the Site. other than for
MACTEC's ernployees, and that MACTEC does not have the right or duty to stop the work of others.
Page 2
AA.�CTEC Pro�x�srrl,N'n. PR0P7D,4[L.002-5R2 Ai ziv 22, 200'
We appreciate the opportunity to be of service to you on this project Should you have any questions
regarding this information or if we may be of additional service to vou, please contact us at your earliest
convenience.
Respectfully.
MACTEC ENGINEE�tNG AND CONSULTING, INC.
Sved K. Haneefuddin.1 E1 Brvan P.E.
Principal Engineer Office Manaaer
Attachment: Fee Estimate
i
Paae 3
`f MACTEC
Quality Control Fee Estimate
Quality Control Fee Estimate: Convention Center Parking Garage
Company: City of Fort Worth
Quote Date: February 28, 2007
Revised Date:
Item Unit S Unit Total
Earthwork/Drilled Piers/Reinforcing Steel Inspection
Technician/Inspector(per hour) 2100 $40.00 $84,000
Technician time, OT 540 $60.00 $32,400 _
Trip Charge(per Tech /day) -- --- - __- - 2,10- S40.00 - - $9,600
—Reinforcing Steel Inspectiion, hr 178 $40.00 $7,120
Reinforcing Steel Inspection, OT,lu- 54 S60.00 $3.240
Sr. Field Tech (per hour) 1050 S55.00 $57,750
Sr.Field Technician, OT 160 S82.50 $1 3,200_
Atterberg Limit(ASTM D 4318) 4 $50.00 $200
Moisttrre-Density Relationships (ASTM D 698) 4 $i>0.00 S'60—
Nuclear Density Guage, per test 60 S 10.00 $600
Percent Passing the No. 200 Sieve(ASTM D 1140) _ 4 $35.00 $140
Concrete cylinder compressive strength, ea 1040 $18.00 $18,720
Grout/mortar cubes, ea 72 $15.00 $080
Structural Steel Inspection(AWS) 120 $60.00 $$7.200
Structural Steel Inspection (AWS), OT $90.00 $0
Additional QC Items
Project Manager 400 $125.00 $50,000
Project Coordinator 600 $95.00 $57,000
Administrative Assistant 1040 $45.00 $46,800
Principal Engineer 50 S155.00 S7,750
-- ---- - ------ - - --- --- - - - - --- _ _ - - --- -- ----- -----— - ----------._---
Project Controls Admitustratar 40 $65.00 $2,600
** Same day calls will be time and one half.
** Minum um 4 hour show up charge.
TOTAL FEE ESTLtiIATE: $400,000
MACTEC Engineering& Consulting Inc.
166.50 W estgrove Drive,Suite 600,Addison,Texas 75001
469-828-4100 Fax 469-828-4110
liat,, if(°
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/10/2007
DATE: Tuesday, July 10, 2007
LOG NAME: 20MACTECGARAGE REFERENCE NO.: **C-22222
SUBJECT_:
Authorize Execution of an Engineering Services Contract with MACTEC Engineering and
Consulting, Inc., for Materials Testing for the Fort Worth Convention Center Parking Garage
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with MACTEC
Engineering and Consulting, Inc., in an amount not-to-exceed $400,000 for materials testing for the Fort
Worth Convention Center Parking Garage.
DISCUSSION:
On January 24, 2006, (M&C C-21271) the City Council authorized a consultant agreement with Jacobs
Facilities, Inc., for the design and construction administration for the Fort Worth Convention Center parking
garage.
On January 24, 2006, (M&C C-21272) the City Council authorized a pre-construction services agreement
with Thos. S. Byrne, Ltd., for pricing, value-engineering, and constructability review services throughout the
design phase of the new downtown parking garage.
On June 12, 2007, (M&C C-22184) the City Council authorized the execution of a Construction-Manager-at-
Risk agreement with Thos. S. Byrne,Ltd., for the construction of the new downtown parking garage.
During the design phase of this parking garage project, MACTEC Engineering and Consulting, Inc., was the
City's annual engineering firm for providing geotechnical services. MACTEC provided the design
geotechnical services and recommendations, and staff now recommends that they provide the materials
testing for the construction phase.
MACTEC Engineering and Consulting, Inc., is in compliance with the City's M/WBE Ordinance by
committing M/WBE participation of 20 percent. The City's goal for this project is 20 percent.
The project is physically located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in all
COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current capital budget, as appropriated, of
the Parking Garage Capital Project Fund.
Logname: 20MACTECGARAGE Page I of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
P259 531060 301070013680 $400,000.00
Submitted for City Manager's Office by; Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)
Logname: 20MACTECGARAGE Page 2 of 2