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HomeMy WebLinkAboutContract 40834CIFY -a a i lA C ONTR., NO1 c_S CITY OF FORT WORTH, TEXAS TRANSPORTATION AND PUII_3IC IN *RKS DEPARTMENT S f AT OF TFXAS KNOWN ALL BY THESE FRILSEN T S: COUNTY OF I ARRANT § THIS AGREEMENT, entered into the day of 910 20, by and between the CITY OF FORT WORTH, a municipal corporation 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 Mas-Tek Engineering and Associates, Inc., an independent contractor, acting by and through Aaron Cotton, Jr., its duly authorized Director of Operations, hereinafter called "Engineer," for the materials testing during the construction of the Citizen Drop -Off Station at 6260 Old Hemphill Road in Dort Worth, Texas. YVITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE SERVICES Section 1. Engineer hereby agrees to perform as the independent contractor such professional services as may be requested by the City during the term of this Agreement. These professional services shall be performed in connection with geotechnical investigation for building construction, renovation, roads, landfills, utilities and other civil works as may be required during the life of this Agreement and include laboratory analysis; field work, and reports. These services shall also include material testing. This Agreement is for the materials testing during the construction of the Citizen Drop -Off Station at 6260 Old Hemphill Road 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 with City officials as may be determined necessary to ensure the drilling, testing, and analysis will proceed in an economical and orderly manner. Geotechnical Engineering Services (July 2010) Fire Station No. 5 1 of 8 ,s��,_ 09-22-1 0 PO4 :24 I $JFFiCLt r�r_1.,ORD 2. Advise the City on special aspects of each project as may be requested by the City 3. Furnish all necessary personnel, drilling equipment, laboratory testing equipment, and materials necessary to perform all testing and other work required and contemplated under this Agreement and at such time and in such manner so as not to delay the geotechnical investigation by the City. Engineer shall also furnish all necessary barricades, signs and other warning devices and their appurtenances so as to comply with all applicable local, state and federal laws, rules and regulations. ARTICLE II CITY'S OBLIGATIONS AND COMPENSATION Section 1. All testing or other work to be performed under this Agreement will be specified in writing by the City. City shall not pay for any testing or other work performed by Engineer or its subcontractors that has not been ordered in writing. It is specifically agreed that Engineer shall not be compensated for any alleged additional work resulting from oral orders of any person. City shall make available to Engineer in the performance of the Agreement, all existing plans, maps, field notes, statistics computations, and other data in its possession relative to the sites designated for investigation City assumes no responsibility for the accuracy of such data furnished to Engineer by the City, its agents, contractors, or subcontractors. Section 2. City agrees to pay Engineer for testing services on a unit price per authorized test basis. The unit price to be paid for each authorized service shall not exceed the unit price amount set out in the Mas-Tek Engineering and Associates, Inc. letter dated September 9, 2010, subject: Attachment "A' City of Fort, Old Hemphill road Citizans Drop -Off Station, Fort Worth Texas, attached hereto, marked Attachment "A", and incorporated herein for all purposes incident to this Agreement In no event shall the total Agreement price paid by the City for all services performed hereunder exceed the sum of Ten Thousand Dollars ($10,000.00). The method of payment shall be as follows: Payment for services rendered shall be due upon completion of the particular services so ordered and receipt by City of Engineer's invoice for payment of same. Acceptance by Engineer of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. Geotechnical Engineering Services (September 2010) Page 2 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road ARTICLE III TERM This Agreement shall be for a term of twelve (12) months, beginning upon the date of its execution. ARTICLE IV INDEPENDENT CONTRACTOR Engineer shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City Engineer shall have exclusive control of and the exclusive right to control the details of the work to be performed hereunder and all persons performing same and shall be solely responsible for the acts and omissions of its officers agents employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Engineer, its officers, agents, employees contractors and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Engineer. ARTICLE V PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1 The standard of care applicable to Engineers services will be the degree of skill and diligence normally employed in the State of Texas by professional engineers or consultants performing the same or similar services at the time such services are performed. Engineer shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Engineer or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its drilling, testing, and reporting, and other engineering services performed hereunder. Section 2 Engineer shall indemnify, hold harmless and defend the City and all of its officers agents, servants and employees from and against any and all claims or suits for property damage or loss and/or personal injury including death, to any and all persons of whatsoever kind or character, including but not limited to employees of Engineer, employees of subcontractors, and all other persons performing work incident to this Agreement to the extent said claims and suits rise out of or are connected with directly or indirectly. a. The negligent defective or deficient execution, performance, attempted performance or non-performance of this Agreement by Engineer. Geotechnical Engineering Services (September 2010) Page 3 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road b. Any error omission, defect, deficiency or negligence of Engineer in drilling and testing, reporting, recommendations or any other engineering services; c. Any neglect in the safeguarding of the work by Engineer or its subcontractors; d. Failure by Engineer or its subcontractors to properly execute the work; e. Defective work or materials; and/or f. Striking, cutting impaling or tearing any cables, utility lines, pipes and other matter located beneath the surface due to the negligence or wrongful acts of Engineer. Engineer shall likewise indemnify, and hold harmless, City for any and all injury or damage to City property arising out of or in connection with, any and all acts or omissions of Engineer, its officers, agents, employees or subcontractors. ARTICLE VI INSURANCE Section 1 Engineer shall not commence work under this Agreement until it has obtained all insurance required under this Article VI and the City has approved such insurance, nor shall Engineer allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $5,000,000 each occurrence $5,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis) Coverage shall be on any vehicle used in the course of the PROJECT. Worker's Compensation Coverage A: statutory limits Coverage B: $100 000 each accident $500,000 disease - policy limit $100,000 disease - each employee Geotechnical Engineering Services (September 2010) Page 4 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road 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 A.M Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for Engineer's insurance. j. Engineer's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or Geotechnical Engineering Services (September 2010) Page 5 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road commercial coverage maintained by City shall not be called upon to contribute to loss recovery k. In the course of the Agreement Engineer shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Engineer's liability shall not be limited to the specified amounts of insurance required herein ARTICLE VII TRANSFER OR ASSIGNMENT City and Engineer each bind themselves, and their respective successor and assigns, to this Agreement. Engineer, its successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City ARTICLE VIII TERMINATION OF CONTRACT S ection 1. City may terminate this Agreement at any time, for any cause, by n otice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all o rders 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 S ection 2. If City chooses to terminate this Agreement under Article VIII, S ection 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article II Section 2 and the attached incorporated Schedule of Fees and S ervices (Attachment "A"). S ection 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 by Engineer will not be used by the City for project sites other than those for which they were prepared by Engineer. Geotechnical Engineering Services (September 2010) Page 6 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road 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 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. Geotechnical Engineering Services (September 2010) Page 7 of 8 Citizen Drop -Off Station at 6250 Old Hemphill Road ARTICLE XIII GOVERNING LAW, VLNUE JURISDICTION ION 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. MAS=TEK ENGINEERING & ASSOC, INC. i Aaron Cotton, Jr. Director of Operations APPROVAL RECOMMENDED: By: William A.'S/erkest,PE Director Transportation & Public Works Department APPROVED AS TO FORM & LEGALITY: By: Amy JJ. ' amsey Assistant City Attorney Geotechnical Engineering Services (September 2010) Citizen Drop -Off Station at 6250 Old Hemphill Road APPROVED: By: Fernando Costa Assistant City Manager Marty Hendrix City Secretary Date. <0conwrcittribt, M&C Not Required iscY VOR?may. Contract Authorizations e p d 0o h 4( ° ‘r4. 4 0 •A Gpo A0°eis icy ketc. cif 4y. Page 8 of 8 Af a1M 1'T A'A►► MAs TEK Engineering & Associates, Inc. September 09, 2010 CITY OF Fort Worth, TP&W/Architectural services 319 West loth street Fort worth, Texas 76102 Re: Attachment "A" City of Fort Worth, Old Hemphill Road Citizens drop Off Station Fort Worth, Texas Attention: Dalton Murayama This proposal is for additional materials testing services, at the request of the City of Fort Worth TP&W/Architectural Services Department. Additional amount requested $10,000.00 We appreciate the opportunity to serve you. If you have any questions please contact our office. Sincerely yours, Mas-Tek Engineers a & Assoc.,, INC. Aaron Cotton, Jr. Director of Operations Confirmed/Agreed to this Company: Title: day of ,2010 By: Geotechnicai Consulting & Materials Testing 5 I' 32 Sharp Street Dallas, Texas 75247 972 709-7384