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HomeMy WebLinkAboutContract 53672 CITY SECRETARY CONTRACT NO, GI'1 Y OF €;C 11T 1.AJ01 r'H, 'i'; hA:� ��s;T4a�?� T AID tAI � AGI21 G 13� i T I t3F� 1�140rF-SgUNAL SERVICI�S This AGREEMENT is between the City of Fart Worth, a Texas home-rule municipality (the `CITY"), and TSIT Engineering & Consulting, 1_I_C, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as: cur Testing, Rockwood Clubhouse, The Agreement documents shall include the following: 1. This Standard Agreement for Professional Services, 2. Attachment "A"-- - --vope of ervires; 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 tenors and conditions of this Agreement shall control. �i�ticle I Scope of Services Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with GMT i esting, Rockwood Clubhouse, 1851 Jacksboro Hwy, Fort Worth, Texas, TSIT Estimate of Fees No. P20028. (1)Additional services., if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors andlor suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting frorn oral orders of any person. Article If Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "A". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of$41,449.37 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly, The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be dire within thirty (30) days of the uncontested performance of the e p City of Foil VQAh,Tilma Standard Ay-feernmt ia3'�g,CITY fit� - Qr 5 A tievisicn Data:711120i9 Page i of 90ETARYTH,TX I i particular services so ordered and receipt by City of Consultant's invoice for payment of same. a Acceptance by Consultant of said payment shall operate as and shall release the City r from all claims or liabilities under this Agreement for anything related to, done, or ' furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Article III Torm Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 14 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City, Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers., agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intollectual property infringement, or failure to Way a subcontractor or supplier committod by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fc,t Wodh,Texas Standard Agreement for Professlonal Services ReWilen Bate:M12019 Project Name Page 2 010 AkAele VI Incurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and tho City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until ail similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $2,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease- policy limit $100,000 disease - each employee (2)Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's workeras compensation insurance policy, the City. its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance, policies. b. Certificates of insurance shall be delivered to the Architectural Services, Attention: Brian R. Glass, 401 Vilest 131h Street, Fort Worth, TX 76012, prior to commencement of work, c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptabfe in the event of non-payment of premium, e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. C y of Fod Worth,Texas Standard Agreement for Professional Services Revimn We:7/1/2019 propel Nama Page 3 of 10 f. Othor than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, CansL.Iltant shall provide complete copies of all insurance policies required by these Agreement documents. Article Vll Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article Vlll Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter City of Fait Worth,TexAs SfandardAgreament for Rofesdlnna!8erokes Rev sbn©ale:711&019 Projerl Name Page d of 10 (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 11 of this Agreement. (3)All reports, whether partial or complete., prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the properly of the City, and shall be furnished to the City prior to or at the time such services are compLted, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years afte) final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub-consultant facilities, and shall be provided adequate and appropriate worts space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Furl Wnrthr Tons Slat idard ftmemed for Professional SeMces ReAsion Date:711120 19 Nr0*1 Name Paga 5 of 10 i Article X i Minority Rusinoss and Small Business Enterprise (Rllt*l )(SBF) Pok1iol patio n In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2019, as amended, the City has goals for the participation of minority business -enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MDE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the tormination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article Kl Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the worts 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. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article X11 Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article Kill Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. City of Fed Worth,Texas Standard Agreement.for Professioira!Services Revision!late:WV2019 Project!Name Page 6.of 10 Article XIV Sevorabiliity The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such wo►d, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstancos shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Aklicie XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below.- City of Fort(North: Attn: Brian R. Glass, AIA Architectural Services Manager 401 West 131h Street Fort Worth, Texas 76102 Consultant: TSIT Engineering and Consulting, Inc. Attn: Brandon Hutchins, PE 7473 Airport Freeway Fort Worth, Texas 76118 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. city of rott Worth,Texas Standard Agreement for Professional Services Rev;s!cn Daw 71112019 Prgec l Name Page 7ofID Article XVIl Irnmigratiotl Nationality Art 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. Vender 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. No Boycott of Israel If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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) sloes 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 Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. C'fty of Fort Worth,Taxaa Standard Agreement for Professional Serv€ses Revision Data:711120A Project Name Page a cT 10 f I Alisicle X5llil I 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 10v) day of Har , 2020. BY: BY: CITY OF FORT WORTH CONSULTANT TSIT Engineering & Consulting, LLC Jay Chaps Arthur Etherly, Deputy City Manager Chief Operating Officer Date: � 6 d- pater id�Zv00 APPROVAL RECOMMENDED: 4fevBy. rt� oke, Director Property Management Department APPROVED AS TO FORM AND LEGALITY By: M&C No.: nla ,John B. Strong Assistant Ci ttorrtp &C Date: ATTE a dorm 1295 Certification: Mara J. Kay - W City Secretary ' CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that 1 am the person responsible for the monitoring and administratio of th n ls contract including ensuring all performance and leporling requirements. By CeNe%- Brian R.Glass,AIA Architectural Services Manager The Texas Board of Architectural Examiners,8213 Shoal Creek Boulevard,Suite 107,Austin,Texas,78758,telephone(512)305-90It0, has jurisdiction over indlOduais licenser[under the Architects Registration Law,Texas Civil Statutes,Article 249a. City of Fart Worth,Texas Standard AgreeFFTWORTH, Services RevMorr Date.7tif2Ul8 ETARY TX ► ERIVIGA ION OF SIGNATURE AUTHORITY Consultant hereby agrees to provide City with independent audit basic financial statements, but also the fair presentation of the financial statements of individual funds. Fxecution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or positions have the authority to legally bind Consultant arld to execute any acgreemont, amendment or change order on behalf of Consultant. Such binding authority has been granted by propor 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 Farm 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. T. Name: Arthur Etherly,III Position: Chief Operating Officer Signature 2. Name: Terry Smith,Jr. jPo itlon: Presi ent ignatur 3. Name: Position: Signature Zi6naturEf of President!efO Other Title: G Date. 2.0 Z O City of Fort worth,Texas Standard Agreement for Professional Services Revision Pate:711/2019 Project Nance Page 10 of 10 TWENGWEERiNG.C.UU1No,I LC February 10,2020 CITY OF FORT WORTH Property Management Department 401 West 13th Street Fort Worth,Texas'J6102 Attn: Mr. Ronald Clements .r,=�•'-rt,clert�e�lts�fn�twr�rtl*texas.ktnu Re: CMT Testing ROCKWOOD CLUBHOUSE 1851 JACKSBORO HWY FORT WORTH,TEXAS TSIT Estimate of Bees No.1"20029 Dear Mr. Clements: TSIT Engineering;and Consulting,LL,C appreciates this opportunity to submit this budgetary estimatc 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- ® Observation and testing of site fill and pavement subgrade S Testing of some moisture conditioning at building flatwork intefface • 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 subcontractor's efficiencies in scheduling. 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. We appreciate the opportunity to provide this estimate. We feel that we could be an asset to your construction team if we are selected to provide the CMET services_If you have any questions do trot hesitate to me with any questions. Sincerely, TSIT E,ugineering and Consulting,LLC. Finn Registration F-5278 Brandon Hutchins,P.B. Arthur Etherly,III Principal.Engineer Chief Operating Officer Attachment:&-timate of Testing Costs Page 1 Of h Fort worth, Atw � �luxtin; 7473 Airport Freeway 2MI Century Center Mid.Ste 401 am Haxtewood.St.,Stet Fort worth.fexas Y5119 ttvino,Texas 7M052 Leander.Texas 7t3M41 Phalle:(917)589-9933 Phone:(v72)513-6493 Mono:(512)337-5596 TSIT Fh'CINF(kiN[,&CONSI1l+INGlFC Corlfurined/Agreed to this - —day of ,2019 Company: __...__.�.. By: Title: Printed: Page 2 of 4 Fort woltli: Dallas. Aust]rn 747S Airport Freeway 2711 Century Center SIvJ,Ste 101 irm Siazleuaod St.,str- Fort WOrih,Texas 76110 l;vlig,ryas'�sas2 � Loainder,Texas 70631 Phone:(81?)S67-M3 Phone:(972)573-6tM3 17Lona:(512)337-SSSG a ■ bIT VIGINFEAf t1C d COYSIRTWUl ESTIMATE OF CONSTRUCTION MATERIALS T STINC FEES No. P20028 ROCitlf OOD 0.013110USP r ORT WOR` H, TEXAS ERAWE Uuit Rate Vaits Ullit Cost SOILS _ In Place Density Testing(I{irst 1.5 homs) $175.00 17 crier $2,9I6.67 IRPlace Density Testing(After first 1.5 hours) $50.00 50 hour $2,500.00 Sarnpfuig for in-lab test,including tech time and transportation $150.00 2 trip $300.00 charge(If not scheduled with other work) Moisture Density Relations ASTM D-698 $155.00 6 each $930.00 Atterberg Lit-nits $55,00 6 uach $330.00 Decant (-200) $50.00 6 eacii $300.00 PIMS Pier Inspection $50.00 64 haur $3,200.00 Pier Inspection Overtime $75.00 24 hour $1,800.00 Concrete Cylinders $17.00 40 each $680.00 Project Engineer $113.50 8 hour $908.00 A3sutuptions:8 days ofpier drilling with two drilling rigs and one technician wonting I hourdays. CONCRETE Concrete Inspection $45,00 160 hour $7,200.00 Conc1 etc Cylinders $17.00 195 eacrT $3,308.20 Cylinder Pickup $150,W 21 each $3.,090.00 Assn.nlillions-, One(1)set of concrete cylinders per 1.00 cubic_yards of concrete planed. 2 building slab and floor pours,3 paving pours and 32 utiliky structure and iniscellaneous pours Aggmgate Sieve Anaiyso $75.00 2 each $150,00 Page 3 of 4 Fort N1+ryth3 1?a21asr Austim 7473 A9rpoat.Froaway 2211 century center keya,Ste Im apt Hazlimoed St..S1el Fort 6tOM),7etas 7Q18 hVift!.TeK6$75062 Leaodes,Texas 7a541 lahnrra(s17)Sag 9933 pharto:(974 6/3-13083 Phone;(5I2)337-5596 1.' � T51iEHC,6�rE91N4b CON5BLrir.,J I C F TIMATF OF CONSTRUCTION MATERIALS`DESIRING FEES No. P;1-0028 ROCKV11OOD CLUBHOUSE FORT il11't RTI-i, TEXAS BE4 RVICE Unit Rots U-Aiits Unit Cost STRUCTURAL STEEL Structural Steel Inspection (5 Hour min) $68.00 10 hotly $680.00 MASONRY Masonry Sampling $50.00 104 hour $5,200.00 Motlar Cubes (6 Per set) $17.00 78 cacti $1,326.00 TRAVEL Trip Charge(each) $38.50 104 each $4,004.00 PROJECT MANAGEMENT Project Management $113.50 1711ou $1,929.50 Clorical $41.00 17[tour $697,00 Note:Project Management time is gilled as tilde forty iewing reports,coordination,and consultation. _ ]CSTMIATED BUDGET: $41,449.37 NOTES: 1)This is an estimate of the cost for testing trnd inspection_Construction schedules and unforeseen citeumstances may affect the]itlal cost.Only work performed will be invoiced.This is not a guarantee not to etr,ecd cost estimate,if it becomes apparcra the cost estimate will be exceeded,we will notify our client as soon as ibis situation is noted. 2)All services billed at a hourly rate and charged of the applicable We,portal-to-portal with a 3 hour minimum. 3)©vertinto rites of 1.5 tinges the regular hourly rate will be charged for hours worked over 10 hours per day Monday thra Fjiday between 5:00pm and 7:00amor on Saturdays.Seivices performed on Sundays and tr cognized holidays will be billed at 2.0 times Lite regular hourly rate. 4)Additional test not specified in th is proposal will bo quoted upon tequest, 5)The estimated units above do not include stand-by-time for contractor non--readiness or retests or Previously failing tests. PPap,actit TeiiirsNet 30 Dajic Page 4 Of 4 Tart W0r[h: flallox: A11511111 7473 Ali Port FlePway 2211 CentE.vy Center Blvd.Ste 101 ans Wa2lew000 St.,stet Fort Wortl 1.Texas 76110 dryla[r,Texas 75062 Leander,Texas 79641 Phoila:(017)589-9933 Phc%rae`f972)573-6003 Phone:(512)337-5596