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HomeMy WebLinkAboutContract 52466 a RECEIVET) CITY SECRETARY JON 25 201 g CONTRACT NO._5.4(0 C17YOFFORT WORTh, crTv sFCRErARv CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and TSIT Engineering & Consulting, LLC., authorized to do business in Texas, (the "ENGINEER"), for a PROJECT generally described as: CMT Testing, AD Marshall Public Safety & Municipal Court Building-Ramp, 1000 Throckmorton Street, Fort Worth, TX 76102. 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 A. The Scope of Services is set forth in Attachment "A". Article II Compensation A. The ENGINEER's compensation shall be in the not-to-exceed amount of $6,844.00 as set forth in Attachment "A". Article III Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment "A" to this AGREEMENT, to reasonably substantiate the invoices. OFF V@AL RECORD CITY SECRETARY CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices are due and payable within 30 days of receipt. (3) Upon completion of services enumerated in Article I, the final payment of any balance will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. Article IV Obligations of the Engineer Amendments to Article IV, if any, are included in Attachment "A". A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to the ENGINEER's services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 2 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 in Attachment "A". (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment "A", the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the Contract Documents, nor shall anything in the Contract Documents or the agreement between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the Contract CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 3 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the Contract Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment "A". (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 4 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Minority Business and Small Business Enterprise(MBE)(SBE) Participation— NOT REQUIRED. 1 -2011 ac amenrlerl the City hnn goals for thepagr G atien of minority business s ente fp4see+ onnl/or c+rn #business ente p4ses in Q4,oentrante and its-a'vGeptecv KW#en "�rnrtrmrrent to A49E and S6 'N'-` . 7 nommie e•ien of fraud by the Engineer m y;_c_su t in the to *atinn of thin time of net less than three (3) years J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. CFW-Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 5 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp-TSIT Engineering&Consulting,LLC June 2019 (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. K. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. i. The CITY shall be included as an insured under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions by endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertizing injury, which are normally contained within the policy, unless the CITY approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this agreement. b. Business Auto —the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non-owned is acceptable. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this agreement or under any applicable auto physical CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 6 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 damage coverage. c. Workers' Compensation —ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. i. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this agreement. d. Professional Liability—the ENGINEER shall maintain professional liability, a claims-made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the contract or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the contract. An annual certificate of insurance specifically referencing this project shall be submitted to the CITY for each year following completion of the contract. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be delivered to the CITY prior to ENGINEER proceeding with the PROJECT. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this agreement are provided under applicable policies documented thereon. d. Any failure on part of the CITY to request required insurance documentation shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the respective Department Director (by name), City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 7 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first-dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims-made basis, shall contain a retroactive date coincident with or prior to the date of the contractual agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. I. The CITY shall not be responsible for the direct payment of any insurance premiums required by this agreement. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 8 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities- Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment "A"to this AGREEMENT. Article V Obligations of the City Amendments to Article V, if any, are included in Attachment "A". CFW—Sid.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 9 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment "A". E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 10 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this section V.H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY will ensure that Builders Risk/Installation insurance is maintained at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. (3) The CITY will specify that the Builders Risk/Installation insurance shall be CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 11 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 comprehensive in coverage appropriate to the PROJECT risks. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions Amendments to Article VI, if any, are included in Attachment "A". A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 12 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 D. Termination (1) This AGREEMENT may be terminated only by the City for convenience on 30 days' written notice. This AGREEMENT may be terminated by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with in 5 days of written notice and diligently complete the correction thereafter. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c.) The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER' compensation will be made. F. Indemnification In accordance with Texas Local Government Code Section 271.904, the ENGINEER shall indemnify, hold harmless, and defend the CITY against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 13 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Interpretation Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and shall apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence for limitations of liability and sole negligence for indemnification. Parties mean the CITY and the ENGINEER, and their officers, employees, agents, and subcontractors. I. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. J. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. K. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 14 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 L. 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. M. 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. CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 15 of 16 AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 Article VII 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 day of , 2019. BY: BY: CITY OF FORT WORTH ENGINEER TSI T Eigineering & Consulting, LLC Jesus J. Chapa Arthur Etherly, III Assistant City Manager COO Date: 4 �a_> �' Date: G//`//l 9 APPROVAL RECOMMENDED: Ro er n bl s, Interim Director Propert 4gement Department APPROVED AS TO FORM AND LEGALITY By: )�iM&C No.: Not Required John B. trong 0 Assistant City Attorney M&C Date: }� ell, ATT Mary J. Ka City Secretary CONTRACT COMPLIANCE MANAGER: By signin that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: P Brian R.Glas�s'AIA— Architectural Services Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) AD Marshall Public Safety&Municipal Court Bldg.-Ramp—TSIT Engineering&Consulting,LLC June 2019 Attachment "A" PiTJ T9T ENGMEEWNG B COMM Ma LLC June 7,2019 CITY OF FORTWORTH PROPERTY MANAGEMENT DEPARTMENT Attn: Alfonso Meza E: Alfonso.MezaAfortworthtexas.gov P: 817-392-8274 Re: CMT Testing AD Marshall Public Safety& Municipal Court Building-Ramp Fort Worth,TEXAS TSIT Estimate of Fees No. P19084 Dear Mr.Meza: TSIT Engineering and Consulting,LLC appreciates this opportunity to submit this budgetary estimate of fees for Construction Material Engineering Testing and Observation Services on the above referenced project. This estimate is based on the information obtained by review of the project plans and specifications.We anticipate: • Continuous observation of drilled piers • Periodic Testing of structural concrete placements to include reinforcing steel placement • Periodic Observation of structural connections • Periodic testing and observation of Structural CMU masonry wall 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 budgetary estimate. A breakdown of our budgetary estimate is attached. Fees are per 2017 CFW Contract. We appreciate the opportunity to provide this proposal. If you have any questions do not hesitate to me with any questions. Sincerely, TSIT Engineering and Consulting,LLC. Firm Registration F-5278 Approved by KEA Kemp Akeman,PE Sana Sarama Principal Engineer Graduate Engineer Attachment: Estimate of Testing Costs Page 1 of 1 Fort Worth: Dallas: Austin: 7473 Airport Freeway 2211 Century Center Blvd,Ste 101 any Hazlewood St..Ste, Fort Worth,Texas 76118 Irving.Texas 75062 Leander,Texas 78641 Phone:(817)589-9933 Phone:(972)573-6083 Phone:(512)337-5596 ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P19084 AD Marshall Public Safety & Courts Handicap Ramp Ft Worth, Texas SERVICE Unit Rate Units Unit Cost PIERS Pier Inspection $51.50 22 hour $1,133.00 Staff Engineer $93.00 4 hour $372.00 Concrete Cylinders $17.00 10 each $170.00 Assumptions: I days of pier drilling with two drilling rigs and one technician working I 1 days. CONCRETE Concrete Inspection $45.00 30 hour $1,350.00 Concrete Cylinders $17.00 25 each $425.00 Specimen Pickup,time and travel,each $150.00 4 each $600.00 Reinforcing Steel Inspection $45.00 4 each $180.00 Assumptions: One(1)set of 5 concrete cylinders per 100 cubic yards of concrete placed. 2 building slab and floor pours 0 wall panel pours 0 paving pours and 3 utility structure and miscellaneous pc 2 building slab and floor pours,0 paving pours and 3 utility structure and miscellaneous pours 0 paving pours and 3 utility structure and miscellaneous pours STRUCTURAL STEEL Structural Steel Inspection (5 Hour min) $68.00 10 hour $680.00 MASONRY Masonry Sampling $45.00 8 hour $360.00 Mortar Cubes (6 Per set) $17.00 6 each $102.00 Grout Units (4 Per set) $40.00 4 each $160.00 Assumptions: TRAVEL Trip Charge(each) Within 30 miles ofservining office $38.50 22 each $847.00 PROJECT MANAGEMENT Project Management $93.00 5 hour $465.00 Note:Project Management time is billed as time for reviewing reports,coordination,and consultation. ESTIMATED BUDGET: $6,844.00 NOTES: 1)This is an estimate of the cost for testing and inspection.Construction schedules and unforeseen circumstances may affect the final cost.Only work performed will be invoiced.This is not a guarantee not to exceed cost estimate,if it becomes apparent the cost estimate will be exceeded,we will notify our client as soon as this situation is noted. Page 2 of 3 Initials ESTIMATE OF CONSTRUCTION MATERIALS TESTING FEES No. P19084 AD Marshall Public Safety & Courts Handicap Ramp Ft Worth,Texas SERVICE Unit Rate Units Unit Cost 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 thm Friday between 5:00pm and 7:00am or on Saturdays. Services performed on Sundays and recognized holidays will be billed at 2.0 times the regular hourly rate. 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 3 of 3 Initials ATTACHMENT "B" VERIFICATION OF SIGNATURE AUTHORITY TSIT ENGINEERING &CONSULTING, LLC 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: Arthur Etherly,III POSiti ief;peratim Officer Signature 2. Na e: Terry L.Smith,Jr. Po itiW resi nt /;, �j ign re 3. Name: Position: Signature N a Terry L mith Jr. ignatur of President/CEO Other Title: Date: