HomeMy WebLinkAboutContract 52489 CITY SECRETARY
RECEIVED CONTRACT NO.
JUL 12019 CITY OF FORT WORTH, TEXAS
CITY OE FORT WORTH
CITY SECRETARY
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality
(the "CITY"), and Terracon Consultants, Inc., authorized to do business in Texas, (the
"ENGINEER"), for a PROJECT generally described as: Construction Materials
Observation and Testing Services, MILK Drop-Off Station Building Addition, 5150
Martin Luther King Jr. Freeway, Fort Worth, TX 76119.
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 and Certified Copy of
Resolution.
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
$17,346.00 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.
OFFICIAL RECORD
CITY SECRETARY
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(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
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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
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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.
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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.
In annnriJ w4h the Gity of Eort I ei# Business Diversifii Ordinnnoe Alo 20020
1'-2011 as amepdeeL, the City has goals for-the nortio atien of minor j,
and As aG£epted i 9'r4en Eeemrn -Fne t to h49E=and SB 'C- i6}p. A.RY
commission of 4a d by the Engineer may result in the tem4inntion of this
Time of not 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.
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(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
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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.
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f. Insurers for ail 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.
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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".
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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.
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(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
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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.
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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's
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.
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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.
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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 12i11 89
GentractOr aGflnowled'gem that!R aGGGrdaRGe with Chapter 2270 of the Texas
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veFifiGatiGR fFGm the GOMpany that it: (1) does Rot bGYGOtt Israel; and (2) Will R
bE)yc-ett-IsFael during the term of the GGRtr-aEt. The termsbsyc-ett IsFael� aPA
UGE)Fn�, �i Texas
shall have the meanings aaSGribed-te those terms iirR SeGtOGR 808.n001
o tYtTexas }eni.s ode.Basrry9rTing this contract-, Cen+ran*ter
Eertf l@S that CGtirQ signatuPe r-ei dec wMten yerifca en to thGity that Contractor-.- (1) does not bGycott ae.
Israel; and (2) win not bollr_-_ott
Israel during the term of the GGntMnt
CFW-Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) Page 15 of 16
Existing MLK Drop-Off Station Bldg.Addition&Site Modifications-Terracon Consultants,Inc. 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 12019.
BY: BY:
CITY OF FtT WORTH ENGINEER
Terr n Consultant
i ZEvl,✓6-,U;V✓ Ke n n n
Assistant City Manager Senior Associates
Date: 7 1 2o� Date: LP
APPROV R ENDED:
R g a Ies Interim Director
Prope Ian g ment Department
APPROVED AS TO FORM AND LEGALITY
By: /- M&C No.: Not Required
ohn B. Strong
Assistant City Attorney ;
ate:
ATTE T: �
Mary Kay r
City Secretary
CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract,�including
/e�nsuriin�g all performance and reporting requirements.
By: I&(Mr`l 1.
Brian R.Glass,AIA
Architectural Services Manager
OFFICIAL RECORD
CFW—Std.Agreement for Eng.Related Design Services(Rev.24Jan2019) CITY SECRETARY
Existing MLK Drop-Off Station Bldg.Addition&Site Modifications—Terracon Consultants,Inc. F' ,fir®R .2 19
Attachment "A"
Irerracon
June 6, 2019—Revised June 10, 2019
Alfonso Maze
City of Fort Worth
401 W. 1311 Street
Fort Worth, TX 76102
Telephone: (817)392-8274
Email: atfonso.meza@fortworthtexas.gov
Re: Construction Materials Observation and Testing Services
MLK Drop-Off Station Building Addition
5150 Martin Luther King Jr. Freeway, Fort Worth,TX 76119
Terracon Consultants Inc. Proposal No. P95191156 Revision 1
Dear Mr. Meza,
Terracon Consultants, Inc. (Terracon)is pleased to submit this proposal to provide construction
materials testing, observation services, or special inspection services for the above referenced
project as required. We are presenting this proposal to confirm our understanding of the services
to be performed for this project, to obtain written authorization to provide these services, and to
present the estimated fee to provide these services. The following sections outline our
understating of the project and provide a description of the tasks to be performed. We
understand we have been selected to provide these services based solely on our
qualifications.
A) PROJECT INFORMATION (Exhibit A)
The project involves the construction of a new office building, renovations to the existing shop
building, and new pavements located at 5150 Martin Luther King Jr. Freeway. The new 1,200
square foot building will have a monolithic 5"slab with grade beams.The building will be cast over
a removed and recompacted subgrade with 2 feet of select fill placed over it. The building will
have metal stud bearing walls with a metal truss roofing system. The major renovation to the
existing shop building includes a new CMU wall enclosure around the west area of the building.
We understand both alternatives have been accepted in addition to the base bid.The new office
building will have a 6"concrete sidewalk pavement surrounding it.The north parking lot and other
heavy-duty concrete pavements will be 7" of concrete over 6" of flexible base. The equipment
yard will be W of concrete over 6"of flexible base. In the north drive lane,the existing base material
will be reworked then paved with 7"of concrete.
Terracon Consultants,Inc. 2501 East Loop 820 North Fort Worth,Texas 76118
P 16171 266-8600 F[817)268-8602 lerrecon.com
Proposal for Construction Materials Testing Services 1rerracon
MLK Dap-Off Station Building Addition
6150 Martin Luther King Jr.Freeway, Fort Worth,TX 76119
June 6,2019—Revised June 10,2019 Terracon Proposal No.P96191156 Revision 1
Terracon was provided with the following construction documents for preparation of this proposal:
• Preliminary Civil Drawings by Carrillo Engineering dated 7/11/2019
• Preliminary Structural Drawings by R. L.Woods&Associates dated 3/29/2018
• Geotechnical Report by MacTec dated 8/31/2004
B) SCOPE OF SERVICES (Exhibit B)
Based on our review and understanding of the documents listed above, Terracon proposes the
following scope of services:
Earthwork Observations and Testing:
1. Sample materials to be used as building fills, utility trench backfill, wall backfill,
general fill, and pavement subgrades. Prepare and test the samples for Atterberg
Limits (ASTM D4318), Minus #200 Sieve (ASTM D1140), and moisture-density
relationship(ASTM D698).
2. Observe proofroiling operations of the building pad and paving subgrades; and
perform density tests of the building fills, utility trench backfill,wall backfill,general
fill, and pavement subgrades using the nuclear method (ASTM D6938) to
determine the moisture content and percent compaction of the soil materials.
3. Perform field gradations on the pulverized lime/soil mixture to document the
percent of soil passing through the required sieve sizes at one test per 10,000 sq.
ft. after the final pulverization process has been completed.
4. Perform lime depth checks to verify the actual in-place depth of the lime treatment
at one test per 10,000 sq.ft., once the pavement has been trimmed to the final
grade.
Cast-in-Place Concrete Observations and Testing:
1. Sample and test the fresh concrete for each mix. Perform tests for slump, air
content, ambient and concrete temperatures, and unit weight; and cast test
specimens (ASTM C172, C31, C143, C231, C1064, C138). Terracon
understands that the contractor will be responsible for maintaining the Initial
field curing temperature of the concrete test specimens.
2. We have assumed the concrete will be sampled at a frequency of one set of five
test cylinders every 100 cubic yards or fraction thereof per mix per day for all
structural concrete. Terracon requests that a copy of the approved mix
design(s) be provided to us prior to placement of the concrete.
3. Perform compressive strength tests of concrete test cylinders cast in the field
(ASTM C31, C39). Five 4"x 8" concrete cylinders will be prepared for structural
concrete having nominal maximum size aggregate of 1 inch or less. One cylinder
will be tested at 7 days,three cylinders will be tested at 28 days, and one cylinder
will be tested at 56 days or at an age requested by others. Four 6"x 12" concrete
cylinders per set will be prepared for concrete having a nominal maximum size
Responsive Re�vurceful Reliabit P age 12
Proposal for Construction Materials Testing Services 1rerracon
MLK Drop-Off Station Building Addition
5150 Martin Luther King Jr Freeway,Fort Worth,TX 76119
June 6,2019—Revised June 10,2019 Terracon Proposal No.P95191156 Revision 1
aggregate of greater than 1 inch. When 6" x 12" cylinders are prepared, one
cylinder will be tested at 7 days, two cylinders will be tested at 28 days and one
cylinder will be tested at 56 days or at an age requested by other
Reinforcing Steel Observation and Testing:
1. Verify the size, number and placement of reinforcing steel prior to placement of
concrete, per construction drawings.
2. Terracon recommends scheduling a minimum of 24 hours prior to concrete
placement.
Masonry Observations and Testing:
1. Provide a qualified technician for periodic field observation during load-bearing
CMU wall construction.
2. Sample mortar for compressive strength testing.(6 mortar cubes 2"x2"x2"per 5,000
SF wall area)
3. Sample grout for compressive strength testing. (4 grout prisms 3"x3"x6" per 5,000
SF wall area)
Project Management/Administration:
A project manager will be assigned to the project to review the daily activity and
assist in scheduling the work. Field and laboratory tests will be reviewed prior to
submittal. The project manager will be responsible for maintaining the project
budget and will oversee the preparation of the final report.
Special Inspections Letter:
Upon completion of our services, a special inspection letter will be prepared, if
requested. The letter will list services Terracon performed and if our results and/or
observation were in compliance.
C) REPORTING
Results of field tests will be submitted verbally to available personnel at the site. Written reports
of field tests and observations will be distributed within five business days. Test reports will be
distributed via electronic distribution unless otherwise requested. Please provide Terracon with a
report distribution list prior to the beginning of the project. The list should include the company
name, address,contact person name, phone number, and e-mail address for each person.
Our reported test locations will typically be estimated by pacing distances and approximating
angles and elevations from local control data(staking and layout lines)provided by others on site.
The accuracy of our locations will be dependent on the accuracy,availability and frequency of the
control points provided by the client and/or contractor.
Responsive Resourceful Reliable a I
Proposal for Construction Materials Testing Services 1rerracon
MLK Drop-Off Station Building Addition
5150 Martin Luther King Jr.Freeway, Fort Worth,TX 76119
June 6,2019—Revised June 10,2019 Terracon Proposal No. P95191156 Revision 1
D) SCHEDULING
Field testing services will be provided on an "as requested" basis when scheduled by your
representative. A minimum of 24-hour notice is required to properly schedule our services. To
schedule our services please contact our dispatcher at(817)591-4907. The dispatch office hours
are from 7:00 a.m.to 5:00 p.m. Messages left after business hours will be checked the following
business day.
Terracon shall not be held responsible for tests not performed as a result of a failure to
schedule our services or any subsequent damage caused as a result of a lack of testing.
Terracon recommends that a copy of this proposal be provided to the general contractor
so they understand our scope of services and schedule us accordingly. Please note that
the number of tests and trips described in the Scope of Services does not constitute a
minimum or maximum number of tests or trips that may be required for this project.
Scheduling Retests:
It is the responsibility of your representative to schedule retests in a like manner to
scheduling our original services. Terracon shall not be held responsible for retests not
performed as a result of a failure to schedule our services or any subsequent damage
caused as a result of a lack of retesting.
If you would like us to perform additional work, please contact us and we will issue a short
Supplement to Agreement form,or Supplemental Proposal,that outlines the additional work to be
performed and associated fees. To authorize us to begin additional work, you simply return a
signed copy of the Supplemental agreement.
E) COMPENSATION
Based on the project information available for our review, we propose an estimated cost of
117,346.00. Services provided will be based on the unit rates included in the attached Budget
Estimate. Please note that this is only a budget estimate and not a not-to-exceed price. Many
factors beyond our control, such as weather and the contractor's schedule, will dictate the final
fee for our services.
For services provided on an "as requested" basis, overtime is defined as all hours in excess of
eight hours per day or outside of the normal hours of 7:00 a.m. to 5:00 p.m. Monday through
Friday, and all hours worked on weekends and holidays. Overtime rates will be 1.5 times the
hourly rate quoted. A two hour minimum charge is applicable to all trips made portal to
portal (our laboratory)to provide our testing, observation and consulting services.
Responsive Resourceful Reliable Page 14
I
I
Proposal for Construction Materials Testing Services lierracon
MLK Drop-Off Station Building Addition
5150 Martin Luther King Jr.Freeway,Fort Worth,TX 76119
June 6,2019—Revised June 10,2019 Terraoon Proposal No. P95191156 Revision 1
A minimum charge is not applicable for trips to the project site for sample pickup only.All
labor,equipment and transportation charges are billed on a portal to portal basis from our
office.
You will be invoiced on a monthly basis for services actually performed and/or as authorized or
requested by you or your designated representative. Terracon's total invoice fee is due within
thirty days following final receipt of invoice. Quantities and costs associated with re-tests,
cancellations and stand-by time are not included in our estimated fee.
F) SITE ACCESS AND SAFETY
Client shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the services and will execute any necessary site access
agreement. Terracon will be responsible for supervision and site safety measures for its own
employees, but shall not be responsible for the supervision or health and safety precautions for
any third parties, including Client's contractors, subcontractors, or other parties present at the
site.
G) TESTING AND OBSERVATION
Client understands that testing and observation are discrete sampling procedures, and that such
procedures indicate conditions only at the depths, locations, and times the procedures were
performed. Terracon will provide test results and opinions based on tests and field observations
only for the work tested. Client understands that testing and observation are not continuous or
exhaustive, and are conducted to reduce—not eliminate - project risk. Client agrees to the level
or amount of testing performed and the associated risk. Client is responsible (even if delegated
to contractor) for notifying and scheduling Terracon so Terracon can perform these services.
Terracon shall not be responsible for the quality and completeness of Client's contractor's work
or their adherence to the project documents, and Terracon's performance of testing and
observation services shall not relieve contractor in any way from its responsibility for defects
discovered in its work,or create a warranty or guarantee.Terracon will not supervise or direct the
work performed by contractor or its subcontractors and is not responsible for their means and
methods.
Responsive Resourceful Reliable Page 15
Proposal for Construction Materials Testing Services Irerracon
MLK Drop-Off Station Building Addition
5150 Martin Luther King Jr.Freeway,Fort Worth,TX 76119
June 6.2019-Revised June 10,2019 Terracon Proposal No. P95191156 Revision 1
H) AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and returning
an executed copy along with this proposal to Terracon. This proposal for services and
accompanying limitations shall constitute the exclusive terms, conditions and services to be
performed for this project. This proposal is valid only if authorized within sixty days from the listed
proposal date.
We appreciate this opportunity of working with you and we look forward to working with you in the
future.
Sincerely,
Terracon Consultants, Inc.
(Texas Registration No.F-3272)
ck-j" ae4 r /I
Andrew Cloeter, E.I.T. William V. J , P.E.
Project Manager Senior Project Materials Engineer
Attachments:
(1) Budget Estimate
(2) Agreement for Services
Responsive . Resourceful ► Reliable Page 16
Proposal for Construction Materials Testing Services 1��rr�eon
MLK Drop-Off Station Building Addition
5160 Martin Luther King Jr.Freeway,Fort Worth,TX 76119
June 6,2019-Revised June 10,2019 Terraoon Proposal No. P96191156 Revision 1
BASE BUDGET ESTIMATE WITH ALTERNATE NO.2(Exhibit C)
Service Quantity Unit Unit Rats Estimate
BUILDING
Earthwork Observation and Testing
Soils Technician,(mkt.2 hors) 20 hour $50,00 $1,000.00
Soils Technician,(Overtime) 4 hour $75,00 S300.00
Moisture Density Relationship(ASTM D4W) 2 each $175.00 "W.00
Minus No.200 Sieve Analysis(ASTM D-1140) 2 each $25.00 $50.00
Atterberg links(ASTM D-4318) 2 each $60.00 $120.00
Additional Charge for Coarse Aggregate Correction(ASTM D-1718) 1 each $25.00 $25.00
Nuclear Density Gauge 3 trip $50.00 $150.00
Vehicle Charge 4 trip S40.00 $1W.00
Subtobd S2.1KOO
Assumptions.1 tripe for proctor pick up.3 trips for subgrade prepatatson
Concrete 3 Reinforcing Steel Observation and Testing
Concrete Technician,(min.2 hours) 20 how $42.00 $840.00
Concrete Technician,(Overtime) 4 her $63.00 $252.00
Compressive Strength Tests(ASTM C-39 4"W) 2 each $15.00 $30.00
Concrete Cylinder Pick-Up 2 tour $42.00 $84.00
Vehicle Charge 2 trip $40.00 $80.00
Sub-total SIAK00
Assumptions-1 trip for the buadng concrete pour
Masonry
MasonryTechrlician,(min.2 hours) le hour $65.00 $1,040.00
Compressive Strength of Grout Prisms(ASTM C-1019) 8 each $35.00 S280.00
Compressive Strength of Mortar Cubes(ASTM C-109) 12 each $18.00 $216.00
Masonry Sample Pick-Up 6 hour $42.00 S252.00
Vehicle Charge 8 trip $40.00 $320.00
Sub-total 52.10111.00
Assunpfts-2 trips each for mortar and pad
SITEWORK
EsrVmcwk Observation and Testing
Soils Technician,(min.2 tours) 30 hour $50.00 $1,5W.00
Sods Technician,(Overtime) 8 hour $75.00 $600.00
Moisture Density Relationship(ASTM D-698) 3 each $175.00 $525.00
Minus W.200 Sieve Artalysis(ASTM D-1140) 3 each $25.00 $75.00
Atterberg Limits(ASTM D-4318) 3 each $60.00 $180.00
Additional Charge for Coarse Aggregate Correction(ASTM D-1718) 3 each $25.00 $75.00
Nuclear Density Gauge 7 trip $50.00 $350.00
Field Gradation of Lime/Cement Treated Sods 3 each $25.00 $75.00
Depth Check of UmalCement Treated Soils 3 each $25.00 $75.00
Sod-Lime Curve,5 Point PI vs.Lime Content 1 each $350.00 $350.00
Vehicle Charge 8 trip $40.00 5320.00
Subtotal $4,125.00
Assumptions-1 trip for proctor pick ups.7 trips br self density testing and lime gsdstbn
Concrete 3 Reinforcing Observation and Testing
Concrete Technician,(min.2 fours) 45 hour $42.00 $1.890.00
Concrete Technician,(Overtime) 10 hour $63.00 $630.00
Reirdorcing Steel Technician,(mkt.2 hours) 6 her $42.00 $252.00
Compressive Strength Tests(ASTM C-39 4 W) 60 each $15.00 5900.00
Concrete Cylinder Pick-Up 20 hour $42.00 $640.00
Vehicle Charge 20 hip $40-00 M.00
Sub-total $5,312-00
Assumptions-10 trips for aN concrete pours
ADfttINISTRATION
Project Mtgoager 12 hour $120,00 $1.440.W
Senior Project Manager 2 taw $135.00 S270.00
Clerical 6 hour $55.00 $330.00
Project Engineer 2 how $160.00 $320.00
Subtotal $2,360.00
Estimated Project Total sr
Responsive Resourceful Reliable P age 17
ATTACHMENT "B"
VERIFICATION OF SIGNATURE AUTHORITY
TERRACON CONSULTANTS, INC.
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:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Refer to "Certified Copy of Resolution"for signatory.
Signature of President/ CEO
Other Title:
Date:
CERTIFIED COPY OF RESOLUTION
BE IT RESOLVED, that the following named individual, is hereby authorized as an employee of
Terracon Consultants, Inc. to execute in its behalf all contracts, agreements and releases which
he, in her discretion, approves for the City of Plano, Texas.
Kevyn Gunn
BE IT FURTHER RESOLVED, that any such contract, agreement or release executed by the
above-name employee in the name of Terracon Consultants, Inc. should be considered a
contract, agreement, or release of Terracon Consultants, Inc. and shall be binding upon it.
BE IT FURTHER RESOLVED, that any similar authority heretofore granted by the Board of
Directors of the Company to employees other than the named above be and hereby is terminated
as of this date,and the authority granted above shall commence this date and shall continue until
revoked by resolution of the Board of Directors.
I hereby certify that I am Corporate Secretary of Terracon Consultants, Inc., that as such 1 have
access to the books and records of the Corporation; that the foregoing is an excerpt from the
minutes of the Board of Directors'Meeting of Terracon Consultants, Inc.,a Delaware Corporation,
held on the 9th of January, 2019, a quorum being present; and that no action has been taken by
the Board of Directors of said Corporation since said date that would have effect of changing or
altering the authority granted herein.
Subscribed and sworn to before me this 18th day of June, 2019.
i
ndy J. o ell Michael J. Yost
Notary ublic Corporate Secretary
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