HomeMy WebLinkAboutContract 45032 (2)SECRUA rci
cot!cn�tnn G90v
CITY OF FORT WORTH, TEXAS
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SERVICES
This AGREEMENT is between the City of Fort Worth, a Texas home -rule
municipality (the "CITY"), and MasoTek Engineering & Associates, Inc., authorized to do
business in Texas (the "ENGINEER"), for a PROJECT generally described as: Proposal
for Geotechnical Investigation for the North Service Center.
Article I
Scope of Services
A. Scope of Services is set forth in Attachment A.
Article II
Compensation
A. The ENGINEER'S compensation ($23,500.00) is set forth in Attachment A.
Article ID
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.
(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 an `conteste.c-porioa--of the
billing until mutually resolved.
OFFICIAL RECORD
. VTV SECRETARY
IVED OCT 2 5 2013 FtWORTE,TX
North Service Center (October 2013) .Pag 1 of 1
Mas-Tek Engineering & Associates, Inc.
(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 B.
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 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.
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 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
North Service Center (October 2013) Page 2 of 16
Mas-Tek Engineering & Associates, Inc.
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 CITYS 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 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
North Service Center (October 2013) Page 3 of 16
Mas-Tek Engineering & Associates, Inc.
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.
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
North Service Center (October 2013) Page 4 of 16
Mas-Tek Engfneenng & Associates, Inc.
incorporated into the record drawings.
Minority and Woman business Enterprise (MIWBE) Participation
This paragraph is not applicable for this project.
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 subcontractor
agreements hereunder a provision to the effect that the subcontractor
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 suchsubcontractor involving transactions to the subcontract,
and further that the CITY shall have access during normal working hours to
all subcontractor 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
subcontractor reasonable advance notice of intended audits
(3) ENGINEER and subcontractor 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.
North Service Center (October 2013) Page 5 of 16
Mas-Tek Engineering & Associates, Inc.
The-GI-T-Y-shall-be=included-as-an-insured-under-t-he-GGL—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 wrth 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 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.
North Service Center (October 2013) Page 6 of 16
Mas-iek Engineering & Associates, Inc.
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. Such terms
shall be endorsed onto ENGINEER'S insurance policies. Notice shall
be sent to the respective Department Director (by name), City of Fort
Worth, 1000 Throckmorton, Fort Worth, Texas 76102
f. Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or.greater, in the current A.M.
Best Key Rating Guide or have reasonably equivalent financial strength
and solvency to the satisfaction of Risk Management.
g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first -dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
North Service Center (October 2013) Page 7 of 16
Mas-Tek Engineering & Associates, Inc.
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.
1•
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. 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 subcontractors
maintain insurance coverage, ENGINEER shall provide CITY with
documentation thereof on a certificate of insurance.
Independent Engineer
The ENGINEER agrees to perform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY.
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.
North Service Center (October 2013) Page S of 16
Mas-Tek Engineering & Associates, Inc.
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 B
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of
the information provided by the CITY.
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
•
North Service Center (October 2013) Page 9 of 16
Mas-Tek Engineering & Associates, Inc.
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.
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.
(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
North Service Center (October 2013) Page 10 of 16
Mas-Tek Engineering & Associates, Inc.
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 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,
•
North Service Center (October 2013) Page 11 of 16
Mas-Tek Engineering & Associates, Inc.
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 B.
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.
D. Termination
(1) This AGREEMENT may be terminated only by the City for
North Service Center (October 2013) Page 12 of 16
Mas-Tek Engineering & Associates, Inc.
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 ENGINEERS personnekto
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 pnor 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.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
North Service Center (October 2013) Page 13 of 16
Mas-Tek Engineering & Associates, Inc.
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 1 shall survive termination of this AGREEMENT for any cause.
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.
Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
North Service Center (October 2013) Page 14 of 16
Mas-Tek Engineering & Associates, Inc.
AGREEMENT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments
and schedules are hereby made a part of this AGREEMENT:
Attachment A p Scope of Services, Compensation, and Schedule
Attachment B Amendments to Standard Agreement for Fngineering Services
Executed and effective this the
ATTEST:
Bv:
aril Kayser
'City Secretary
APPROVED AS TO FORM A
By: u I4 Ir. J.,A Lu AA (;
Douglas VV. Dknikc' rtv ' L
Assistant City Attorney
M&C No.: M&C Not Required
M&C Date:
4,1‘ day of nita62" , 20_
flirr
1t t f_
r+st:ztiv.:i
Ica
hC.
n
CITY OF FORT WORTH:
By:
Fernando Costa
Assistant City Manager
PPROVAL RECOMMENDED:
By:
Dougla Wiersig, PE
Director, Transportation and
Public Works Department
ENGINEER:
: By •
St ^ ve Masa
President
l
North Service Center (October 2013)
Mas-Tek Engineering & Associates, Inc.
Fage'oof16
ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached Mas-Tek Engineers & Associates Inc. letter dated October
10, 2013 subject September 25, 2013. If any conflict arises between the
Attachments/Exhibits and the Agreement, the terms of the Agreement shall control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
NONE
North Service Center (October 2013) Page 16 of 16
Mas-Tek Engineering & Associates, Inc.
f1/41-1CflNMr.ty T J�
MAS TEK Engineering
& Associates, ;nco
September 25, 2013
Mr. Ronald Clements, AIA
City of Fort Worth
Transportation and Public Works
401 West 13th Street
Fort Worth Texas 76102
Phone: (817) 392-8014
Email. Ronald.Clements@foriworthtexas.gov
Re: Proposal for Geotechnical Investigation
Proposed North Service Center
Fort Worth, Texas
MTE Proposal No. P13-0915E
Dear Mr. Clements,
We are pleased to submit this proposal for geotechnical engineering services for the project
referenced above This proposal includes a description of the project, scope of work, and fee.
PROJECT DESCRIPTION
The project consists of a proposed new North Service Center in Fort Worth, Texas to be located
at the northwest intersection of Shire Meadow Drive and Hillshire Drive. We understand that
Shire Meadow Drive and Hillshire Drive will be new developing streets leading towards the new
North Service Center. We understand that the North Service Center will consist of an
administration building, gate house building, fuel pump station, cover storage, a storm water
detention pond lay -down area and associated paving areas. The administration building has an
approximate plan dimension of 16,000 sf. The fuel pump station will consist of eight (8) fuel
pumps. The lay -down area has an approximate area of 7.4 acres and will consist of a truck
wash -out area and covered storage area. There will also be two (2) detention / bioswale ponds
along the south limits of the lay -down area The paving areas will consist of concrete pavement
with the exception of the lay -down area where it will be paved with road base.
SCOPE OF WORK
The geotechnical investigation performed for the referenced project will consist of field and
laboratory investigations, engineering analysis, and a report prepared by a Registered
Professional Engineer,
•
Geotechnical Consulting & Materials Testing
5132 Sharp Street Dallas, Texas 75247 972 709-7384
Proposed North Service Center
Fort Worth, Texas
MTE Proposal P13-0915E
September 23, 2013
Page 2
FIELD INVESTIGATION
MA5-TER Engineering
& Associates, inc.
The field investigation will consist of drilling twenty-four (24) test borings (Borings B-1 thru B-24)
for the proposed service center. The location of the borings and termination drilling depth are as
follow:
Borings B-1 & B-2 are located in the Stormwater detention pond at the southwest
corner of the project site. Borings B-1 & B-2 will terminate 10 feet below the bottom
of pond. The pond is approximated to be 20 feet deep, therefore borings B-1 & B-2
will drilled to depths of 30 feet.
Borings B-6 & B-8 are located at the gate house building at the southeast corner of
the project site Borings B-6 & B-8 will be drilled to depths of 25 feet or until 5 feet of
unweathered rock is penetrated whichever is shallower.
Borings B-12 thru B-15 are located at the corners of the proposed administration
building. Borings B-12 thru B-15 will be drilled to depths of 25 feet or until 5 feet of
unweathered rock is penetrated, whichever is shallower.
Borings B-19 thru B-21 are located along the fuel pump stations. Borings B-19 thru
B-21 will be drilled to depths of 30 feet below the existing ground surface.
o Boring B-22 is located at the northeast corner of the Lay -Down Area at the covered
storage. Boring B-22 will be drilled to depths of 25 feet or until 5 feet of
unweathered rock is penetrated, whichever is shallower.
Borings B-3 thru B-5, B-7, B-9 thru B-11 616 thru B-18, B-23 & B-24 are pavement
borings located throughout the project site. These borings will drilled to depths of 10
feet below the existing ground surface.
Subsurface soil samples will be secured with thin walled tube and/or split spoon samples
depending on soil type and consistency. Rock encountered in the borings will be evaluated
using the Texas Department of Transportation Penetrometer (TxDOT Cone). All samples will be
properly logged, packaged, sealed, and placed in a core box for transportation to the laboratory.
Mas-Tek Engineering & Associates assumes that the client has the right -of -entry to the property
and that the boring locations will be accessible to our conventional truck mounted drilling
equipment during normal working hours. Should unusual soil conditions be encountered, we will
call you with a recommendation and cost estimate to explore these unusual conditions.
Proposed North Service Center
Fort Worth, Texas
MTE Proposal P13-0915E
September 23, 2013
Page 3
•
WASINTEK Engineering
& Associates, Inc.
Mas-Tek Engineering & Associates will contact Dig Tess and the City of Fort Worth Water
Utilities to have them locate underground utilities. However, Mas-Tek is not responsible for
damage to underground utilities that are not identified prior to drilling.
Laboratory Investigation
Laboratory tests will be conducted to classify the soil and to evaluate the volume change
potential and strength of the soil and rock present at the site. Soil classification tests will consist
of Atterberg limits (plasticity index), moisture content, and dry unit weight. The volume change
potential of the soils will be evaluated by swell tests. The strength of the soil will be estimated
using hand penetrometer strength testing and unconfined compressive strength tests. Hydraulic
conductivity test will be performed to evaluate the permeability rate of the soil at the detention
pond. Atterberg / lime series testing along with soluble sulfate testing will also be performed in
order to estimate the optimum amount of hydrated lime required for stabilization.
Enciineerina'Analvses
Results of field and laboratory work will be presented in an engineering report. The report will
include our recommendations to guide design and construction of the foundations and will
include the following:
1. Plan of borings, boring logs, water level observations, and laboratory test results.
2. Foundation recommendations for the proposed structures.
3. Comments on the presence and effect of expansive soils on slab -on -grade construction will
be provided. Alternative methods of reducing any anticipated shrink/swell movements
associated with expansive clays will be included for slab -on -grade construction
4. Subgrade preparation and concrete pavement thickness recommendations for new parking
areas and driveways based upon traffic data provided by client
5. Subgrade preparation and flex base thickness recommendations for the Lay -Down Area
based upon traffic data provided by client.
6. Recommendations for site grading and compaction of earthwork will be presented.
GEOTECHNICAL FEES
Based on the proposed scope of work, we will provide the geotechnical investigation for a lump
sum fee of $23,600.00.
P roposed North Service Center
Fort Worth, Texas
MTE Proposal P13-0915E
S eptember 23, 2013
Page 4
•
tilAstitTac Engineering
& Associates, Inc.
TERMS AND CONDITIONS
If this proposal meets with your approval, please sign below to authorize Mas-Tek Engineering
& Associates to perform the work We look forward to working with you on this project. Please
contact us -after reviewing our proposal if you have any questions.
S incerely,
IVIAS-TEK ENGINEERING & ASSOCIATES
arr
Geotechnica
S
President
ACCEPTED BY:
Name Date
Title
•
•
• e
=zit
't 4"N s g2•,y,�?,",x j
1•
ELNEf
4- g°
z
ct
tn
z
2
d
a.
a�
sgri
40 to
\� NRI it
i{ \ \ �\ \40
\\\\ \\\\
•
t-XSZi«-, tan_c Life
211Ct• :.+:ur fwn_::4.h
•
+f i
34240,5
i^��11`y1 ` ; r
\ t \ ii1n i
- ,C
I
Con I
\`. wit / E�a A ‘‘‘.
f
41u �\
\\ s
3a ,i•\
re
re
if t
\ , .
1 �\_•7
itdk