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HomeMy WebLinkAboutContract 38680CJTY SECIjETARy �ONTFRACT NO. aG 0 CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STATE OF TEXAS § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the }P% day of 20 by and between the CITY OF FORT WORTH, a municipal cor oration of Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, hereinafter called the "City", and Professional Service Industries, Inc., an independent contractor, acting by and through Robert J. Schenck, PE, its duly authorized Principal, hereinafter called "Engineer," for the construction of various Architectural Services projects, including the Northwest Branch Library located at 6228 Crystal Lake Drive in Fort Worth, Texas. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: Section 1. Engineer such professional sere this Agreement. Thes with geotechnical inv landfills, utilities and o Agreement and incluc services shall also i construction of Archite ARTICLE I SERVICES hereby agrees to perform as the independent contractor ces as may be requested by the City during the term of professional services shall be performed in connection ;stigation for building construction, renovation, roads, her civil works as may be required during the life of this e laboratory analysis, field work, and reports. These tclude material testing. This Agreement is for the aural Services proiects, includina the Northwest Branch Library located at 6228 Crystal Lake Drive in Fort Worth, Texas. Section 2. In addition to the professional engineering services to be performed under Section 1 above, Engineer shall render the following professional services: 1. Attend such conferences necessary to ensure the drilling, economical and orderly manner. with City officials as may testing, and analysis will be determined proceed -in an'� UV�ilUTAL fi i CURD CITY SECRETARY Geotechnical Engineering Services (May 2009) Ta IeWORTH Architectural Services Projects incl NW Branch Library 9� � Page 1 of 8 2. Advise the City on special aspects of each project as may be requested by the City. 3. Furnish all necessary personnel, drng equipment, laboratory testing equipment, and materials necessary to perform all testing and other work required and contemplated under this Agreement and at such time and in such manner so as not to delay the geotechnical investigation by the City. Engineer shall also furnish all necessary barricades, signs and other warning devices and their appurtenances so as to comply with all applicable local, state and federal laws, rules and regulations. ARTICLE 11 CITY'S OBLIGATIONS AND COMPENSATION Section 1. All testing or other work to be performed under this Agreement will be specified in writing by the City. City shall not pay for any testing or other work performed by Engineer or its subcontractors that has not been ordered in writing. It is specifically agreed that Engineer shall not be compensated for any alleged additional work resulting from oral orders of any person. City shall make available to Engineer in the performance of the Agreement, all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to the sites designated for investigation. City assumes no responsibility for the accuracy of such data furnished to Engineer by the City, its agents, contractors, or subcontractors. Section 2. City agrees to authorized test basis. The not exceed the unit price oc Inc., Email dated May 26, May 26, 2009), subject: 90025 for Construction M Architectural Services Proj act purposes Incident to this Hgreement. In no event snail the total Agreement price paid by the City for all services performed hereunder exceed the sum of Twenty - Four Thousand Five Hundred Dollars ($24,500.00). The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Engineer's invoice for payment of same. Acceptance by Engineer of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 2 of 8 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 TERM This Agreement shall be for a term of eighteen (18) months, beginning upon the date of its execution. ARTICLE IV INDEPENDENT CONTRACTOR Engineer shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Engineer shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Engineer, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership orjoint venture between City and Engineer. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1. The standard of care applicable to Engineers services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other engineering services performed hereunder. Section 2. Engineer shall indemnify, hold harmless and defend the City and all of its officers, agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Engineer, employees of subcontractors, and all other persons performing work incident to this Agreement to the extent said claims and suits rise out of or are connected with directly or indirectlyA�- 1/0 W40 Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 3 of 8 a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this Agreement by Engineer. b. Any error, omission, defect, deficiency or negligence of Engineer in drilling and testing, reporting, recommendations or any other engineering services; c. Any neglect in the safeguarding of the work by Engineer or its subcontractors; d. Failure by Engineer or its subcontractors to properly execute the work; e. Defective work or materials; and/or f. Striking, cutting, impaling or tearing any cables, utility lines, pipes and other matter located beneath the surface due to the negligence or wrongful acts of Engineer. Engineer shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of, or in connection with, any and all acts or omissions of Engineer, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Section 1. Engineer shall not commence work under this Agreement until it has obtained all insurance required under this Article VI and the City has approved such insurance, nor shall Engineer allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $5,000,000 each occurrence $5,000,000 aggregate Automobile Liability $1,000,000 each limits of coverage Coverage shall be of the PROJECT. Worker's Compensation Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 4 of 8 accident (or reasonably equivalent if written on a split limits basis). on any vehicle used in the course Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim/annual aggregate Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Engineer's worker's compensation insurance policy and professional liability insurance, the City, its officers, employees and servants shall be endorsed as an additional insured on Engineer's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, ATTN: Architectural Services, 401 West 13th Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. The City shall be provided with a minimum of thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non- payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current Aa Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. City shall not be responsible for the direct payment of insurance premium costs for Engineer's insurance. Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 5 of 8 j. Engineer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self4unded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the Agreement, Engineer shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Engineer's liability shall not be limited to the specified amounts of insurance required herein. ARTICLE VII TRANSFER OR ASSIGNMENT City and Engineer each bind themselves, and their respective successor and assigns, to this Agreement. Engineer, its successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Section 1. City may terminate this Agreement at any time, for any cause, by notice in writing to Engineer. upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. Section 2. If City chooses to terminate this Agreement under Article VIII, Section 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article ll, Section 2 and the attached incorporated Schedule of Fees and Services (Attachment "A"). Section 3. All reports, whether partial or complete, prepared under this Agreement, including the original drawings, whether furnished by the City, its officers, agents, employees, consultants, engineers, or contractors, or prepared by Engineer, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Reports of Work product prepared Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 6 of 8 by Engineer will not be used by the City for project sites other than those for which they were prepared by Engineer. ARTICLE IX RIGHT TO AUDIT (a) Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this Agreement. Engineer agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits. City shall give Engineer reasonable advance notice of intended audits. (b) Engineer further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Article IX. City shall give Engineer and any subconsultant reasonable advance notice of intended audit. (c) Engineer and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Engineer for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. ARTICLE X MINORITY AND WOMAN BISUNESS ENTERPRISE (M/WBE) PARTICIPATION Not applicable in this Agreement. ARTICLE XI OBSERVE AND COMPLY Engineer shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Engineer agrees to defend, indemnify and hold harmless City and all of its officers, agents and Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 7 of 8 employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE XIII GOVERNING LAW, VENUE & JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. PROFES�ONAL SERVICE INDUSTRIES, INC. By: ert J. Schenck, PE President APPROVAL RECOMMENDED: William A;/erkes , E, Director Transportation & Public Works Department APPROVE A TO FORM &LEGALITY: By: Amy sey Assistant ity Attorney Geotechnical Engineering Services (May 2009) Architectural Services Projects incl NW Branch Library Page 8 of 8 APPROVED: �� Fernando Costa Assistant City Manager RECOR By: " City Secretary M&C Not Required Contract Authorization Date: 4 iTYSE WORTHt *TX Murayama, Dalton From: Zatopek, Tom [tom.zatopektwpsiusa.com] Sent: Tuesday, May 26, 2009 3:20 PM To: Murayama, Dalton Subject: Combined Scanned Document PSI 337-90025 Attachments: Combined Document 337-90025 (Revision 1) and Clarification Letter.pdf Hello Dalton, Please find the attached. Tom Zatopek Branch Manager Professional Service Industries, Inc. (PSI} 2556 Gravel Drive Fort Worth, Texas 76118 (817) 284-3783 (office) (817) 8224224 (mobile) (817) 284-8942 (fax) tom.zatopek _psiusa.com PSI - www.psiusa.com -125 Offices Nationwide Environmental Consulting * GeotechnicaE Engineering Construction Materials resting & Engineering * Industrial Hygiene NDE * Facilities & Roof Consulting * Specialty Engineering & resting This e-mail and any attachments are Co the sole use of the intended recipients}and may contain confidential andtor privileged material, if you have received this a -mail in error, please contact the sender and delete the material from any computer. You are hereby not'rfied that any unauthorized disclosure, copying, distribution, or use of this transmitted information is strictly prohibited. S/26/2O09 rVA 77Infonnation 1OAM4wOA1Aff1TbBui1dOn May 14, 2009 (Revised May26, 2009) City of Fort Worth Aftn: Mr. Mike Milam 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Clarification Regarding Unit Fee Proposal too. 337-90025 For Construction Materials Testing and Inspection Services Various Architectural Services Projects including Northwest Branch Library Fort Worth, Texas Dear Mr. Milam: Pursuant to cur original proposal dated April 15�' 2009 and executed April 16�' 2009 (copy attached) PSI wishes to clarify the following: 1,) PSl will continue with the work based upon authorization of the executed proposal. 2.} PSI understands that a formal City of Fort Worth purchase order is required for appropria#e funding in accordance with City accounting procedures and is forthcoming upon required approvals and processing. 3.} We hereby commit to the unit rates included in the original proposal for the duration of the project. 4.) Invoices submitted for the project will include purchase order number when available PSI looks forward to continuing our. services on this project. Should you have any questions, require any additional documentation or wish to discuss this matter further, please contact us at your earliest convenience at 817/284-3783. Respectfully submitted, Professional Service industries, Inc. Thomas R. Zatopek, CET Branch Manager Hobert J. Schenck, P.E. Vice President Professional Service Industries, Inc. • 2556 Greve( Drive •Fort Worth, TX 761 i8 •Phone 8i7l284-3783 •Fax Si7l284-89d2 / nm tion •: // April 15, 2009 (Revised May 26, 2009) City of Fort Worth Alin: Mr. Mike Milam 1000 Throckmorton Street Fort Worth, Texas 76102 Re: Unitfee Proposal for Construction Materials Testing and Inspection Services Various Architectural Services Projects including Northwest Branch Library Fort Worth, Texas PSI Proposal No. 337-90025 Dear Mr. Miiam: Professional Service Industries, Inc. (PSI}, is pleased to have been selected on the basis of qualifications in accordance with the Professions! Services Procurement Act, Article 2254.004 of the Texas Government Code to provide Testing and inspection services on the project referenced above. As America's largest independent testing firm and the nation's fourth largest consulting engineering firm, we bring extensive experience in providing professional engineering and materials testing services for clients throughout the state. of Texas and the nation. PSI has the technical capabilities, personnel and equipment resources and local expertise to provide you with superior testing services: ® PSI -has three locol offices servicing the Dallas/Fort Worth metroplex, Dallas (214/330-9211 }, Fort Worth (817/284-37$3), and McKinney (972/542-1447}. • PSI is ranked as a Top 10 national .engineering firm by Engineering News Record. • PSI has licensed, registered, and certified professionals, and offers the comfort of using one of America's largest, respected, and well -insured consulting companies. PS! proposes to provide experienced technical personnel to perform testing and inspection services as requesfed in general accordance with project specifics#ions. PSI proposes to accomplish the work on a unit price basis in accordance with the unit rates of this proposal. All work will be performed in accordance with the General Conditions attached herein and considered a part of this proposal. Professional Service Industries, inc. • 2556 Gravel Drive • Fori Worih, FX 761 i B •Phone 81T/2B4-3783 •Fax 817/284.8942 Page 2 of 8 PSf Proposal No.: 337-90025 PS) will proceed with the work upon email authorization, receipt of this signed proposal or a City of Fort: Worth purchase order. We ask that report distribution requirements be provided as soon as possible so That we may best serve your project. The enclosed Project Data Sheet can be used for that purpose or simply provide a distribution email list in a similar format: PSt looks forward to providing services to City of Fort Worth during construction of the Northwest Branch Library in Fort Worth, Texas. Should you have any questions or wish to discuss this proposal further, please contact us at your earliest convenience at 817/284-3783. Respectfully submitted, Professlonal Service Industries, Inc. Thomas R. Zatopek, CET Branch Manager Attachments: Unit Fee Schedule Project Bata Sheet General Conditions RobertJ. Schenck, P.E. Vice President PSl performs a complete range of Construction Ma#erials Testing inspection Services as well as Geotechnica) and Environmental Consulting Services, in addition to those listed above, your project can be provided with the following, ♦ Geotechnfcal Engineering &Consulting ♦ Envfronmental Site Assessment ♦ Floor Flatness Testing ♦ Fireproofing Inspection ♦ Roof Testing, Inspections and Consulting ♦ Asbestos Testing and Consulting ♦ Lead Based Paint Testing and Consulting ♦ indoor Air Quality Services AGREED TO THIS lb` Y 2009 SIGNATURE: TYPFD/PRINTED �re�ic�-t Page 3 of 6 PS1 Proposal No.: 337-90025 FIRM: PROFESSIONAL SERi�I�EINDUSTRIE,S', INC: SCHEDULE OF SERVICES AND FEES Effective January 1, 2007 LABORATORY TESTING SERVICES Concrete Soils Concrete Cylinders ar Cubes (Cured and/or Tested in Compression} ................... Each $ 12.00 Concrete Beams (Cured and/or Tested in Flexure) ................................................ Each $ 25.00 Concrete Cores (Trim, Cap, and Compressive Strength). . a a a a 0 a a 4 & * I & a 0 6 & a & w 0 a 0 9 & a Each $ 35.00 Concrete Coring (per core).................................................................................... Each $ 50.00 Sample Preparation..........................................................................Each $ 10.00 Moisture Density Relationship (Proctor Test) (ASTM D 698)..........................:..................... Each $ 135.00 (ASTM D 1557).............................................. Each $ 145.00 Atterberg Limits Determination............................................................................. Each $ 40.00 Percent Passing # 200 Sieve..........................................:....................................... Each S. 30.00 Aspha4tic Concrete EQUIPMENT Hveem or Marshall Density 1ncIuding Molding, Stability and Flow (3 specimens} ............................. Per Set $ 150.00 Extraction and Gradation .... .. demand .... mamma movement mean .......................... van tomato .... asset .......... Each $ 135.00 Asphalt Coring (per core)...................................................................................... Each $ 50.00 Thickness Determination of Asphalt Cores .....................................................added. Each $ 10.00 Density Determination of Asphalt Cores ........................................................mesa.. Each $ 20.00 Theoretical Specific Gravity......... A 14044 mean at a&@@ to 1*9*60t &Ootrfvmo Each $ 60.00 . Engineering Technician (To cast test specimens, slump, air content, and temperature of plastic concrete, masonry, and cylinder/sample pick-up) ........................ Per Hour $ 37.00 Senior Engineering Technician (To perform field density testing, inspection of drilled piers, foundations, reinforcing steel, and fireproofing) ..................................... Per Hour $ 39.00 Certified Welding Inspector................ 0 a a 4 0 0 a a a P *1 r v A 2 9 4 2 W 14 a a 6 a 4 0 t 4 0 p a a 0 4 4 1 a 0 a Per Hour $ 55.00 Staff Engineer/Geologist........................................................................................ Per Hour $ 65.00 Project Engineer/Manager (Typically 0.2 hour per report) .............................................. Per Hour $ 85.00 Nuclear Density and Moisture Measurement Equipment ...................................... Per Day $ 50.00 Mileage Charge Minimum...................................................................................................... Per Trip $ 35.00 (if outside 25 mile radius).. ...................................................................... Per Mile $ 0.50 Page 4 of 6 PSI Proposal No.: 337-90025 REMARKS The following apply unless otherwise addressed in the proposal: }. Unit prices are in effect for 12 months from the date of this proposal and are subject to change without notice thereafter. 2. Overtime rates will be applicable for services performed in excess of 8 hours per day Monday through Friday and for all hours worked on Saturdays, Sundays and holidays. The overtime rate will be 1.5 times the applicable hourly rate. 3. AI I rates are billed on a portal to portal basis. 4. Transportation and per diem will be charged at the applicable rate. 5. Rates involving mileage (including transportation, mobilization, and trip charges) are subject to change based upon increases in the national average gasoline price. 6. A minimum charge of 3 hours applies to field testing and observation services. A minimum of 4 hours applies to welding inspection services. 7. Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance notice will be assessed a minimum 3 hour charge. 8. For construction materials testing and observation services, an engineering review charge to schedule and supervise personnel and evaluate and review reports will be billed at a minimum 0.2 hours per report issued. 9. Services and fees not listed on the schedule may be quoted on request. Page S of 6 PSI Proposal No.: 337-90025 PRaJECT DATA SHEET CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES �. Project Name: at�e� �c .ek ti. t�aM:L"A _ L Project Location:_ i6Z2.g Azle `QC% 3. Project Manager. *kgn fth koN. 4>r C004\44 Vw)+:�,.�,.saQ ' Telephone No.: 8%1 • R?.# 22.40 Mobile/Pager No.: %"i ; 4Q t . t3eo 4. Site Contact: t,b�•L. k.�.�Q.. Telephone No.: 2 r • BRO • ►t.t.a MobflelPager too,: �� . �7ci •`�0'7i 5. Number and Distribution of Reports: ( }Copies Too Attn: b Attu: &. Invoice Requirements: Your Job Na.: CS 3 d3"t S Billing Address:' %sl- 401 t t3Symok- Attu: - Special bew�e lnstruc#ions "'ii• ccae. Copies Ta: ( ) J ttne Additional .p0/ •_ _. r Purchase Order No.:'iYQA - a-T-ooatzz�$ Mailing Address.• 7. How wilt plans and specficaiions be provided to PSI? �,nn Zo� Tno�