HomeMy WebLinkAboutContract 45535 CITY SECRETARY
CONTRACT o
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 Terracon Consultants, Inc., a Delaware Corporation,
authorized to do business in Texas (the "ENGINEER"), for a PROJECT generally
described as: Provide construction materials engineering and testing services for the
Police Aviation Division New Facility at 310 Gulf Stream, Meacham International Airport in
Fort Worth, Texas.
Article I
Scope of Services
A. Scope of Services is set forth in Attachment A.
Article If
Compensation
A. The ENGINEER'S compensation (Not to Exceed $29,962.00) is set forth in
Attachment A.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation,
including but not limited to meeting the requirements set forth in Attachment
A to this AGREEMENT, to reasonably substantiate the invoices.
rn
E (2) The ENGINEER will issue monthly invoices for all work performed
Pn under this AGREEMENT. Invoices are due and payable within 30 days of
M 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, a d the undis7ep rtion will be
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f
paid. The CITY will exercise reasonableness in contesting any bill or
portion thereof. No interest will accrue on any contested portion of the
billing until mutually resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings
contested in good faith within 60 days of the amount due, the ENGINEER
may, after giving 7 days' written notice to CITY, suspend services under this
AGREEMENT until paid in full. In the event of suspension of services, the
ENGINEER shall have no liability to CITY for delays or damages caused
the CITY because of such suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment 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 ENGINEER'S services will be the
degree of skill and diligence normally employed in the State of Texas by
professional engineers or consultants performing the same or similar
services at the time such services are performed.
C. Subsurface Investigations
(1) This paragraph is not applicable for this AGREEMENT.
(2) In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly
between successive test points and sample intervals and at locations
other than where observations, exploration, and investigations have
been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution.
These conditions and cost/execution effects are not the responsibility
of the ENGINEER.
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D. Preparation of Engineering Drawings
This paragraph is not applicable for this AGREEMENT.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER'S personnel at a
construction site, whether as on-site representatives or otherwise, do not
make the ENGINEER or its personnel in any way responsible for those
duties that belong to the CITY and/or the CITY'S construction contractors or
other entities, and do not relieve the construction contractors or any other
entity of their obligations, duties, and responsibilities, including, but not
limited to, all construction methods, means, techniques, sequences, and
procedures necessary for coordinating and completing all portions of the
construction work in accordance with the Contract Documents and any
health or safety precautions required by such construction work. The
ENGINEER and its personnel have no authority to exercise any control over
any construction contractor or other entity or their employees in connection
with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set
forth in Attachment A, the ENGINEER or its personnel shall have no
obligation or responsibility to visit the construction site to become familiar
with the progress or quality of the completed work on the PROJECT or to
determine, in general, if the work on the PROJECT is being performed in a
manner indicating that the PROJECT, when completed, will be in
accordance with the Contract Documents, nor shall anything in the Contract
Documents or the agreement between CITY and ENGINEER be construed
as requiring ENGINEER to make exhaustive or continuous on-site
inspections to discover latent defects in the work or otherwise check the
quality or quantity of the work on the PROJECT. If the ENGINEER makes
on-site observation(s) of a deviation from the Contract Documents, the
ENGINEER shall inform the CITY.
(3) When professional certification of performance or characteristics of
materials, systems or equipment is reasonably required to perform the
services set forth in the Scope of Services, the ENGINEER shall be entitled
to rely upon such certification to establish materials, systems or equipment
and performance criteria to be required in the Contract Documents.
F. Opinions of Probable Cost, Financial Considerations, and Schedules
This paragraph is not applicable for this AGREEMENT.
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G. Construction Progress Payments
This paragraph is not applicable for this AGREEMENT.
H. Record Drawings
This paragraph is not applicable for this AGREEMENT.
I. Minority and Woman business Enterprise (M/WBE) Participation
This paragraph is not applicable for this AGREEMENT.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5)
years after final payment under this contract, have access to and the right to
examine and photocopy any directly pertinent books, documents, papers
and records of the ENGINEER involving transactions relating to this
contract. ENGINEER agrees that the CITY shall have access during
normal working hours to all necessary ENGINEER facilities and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this section. The CITY shall give
ENGINEER reasonable advance notice of intended audits.
(2) ENGINEER further agrees to include in all its 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 such subcontractor, 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
ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain
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commercial general liability (CGL) and, if necessary, commercial umbrella
insurance with a limit of not less than $1,000,000.00 per each occurrence
with a $2,000,000.00 aggregate. If such Commercial General Liability
insurance contains a general aggregate limit, it shall apply separately to this
PROJECT or location.
i. The CITY shall be included as an insured under the CGL, using
ISO additional insured endorsement or a substitute providing
equivalent coverage, and under the commercial umbrella, if any.
This insurance shall apply as primary insurance with respect to
any other insurance or self-insurance programs afforded to the
CITY. The Commercial General Liability insurance policy shall
have no exclusions by endorsements that would alter or nullify:
premises/operations, products/completed operations, contractual,
personal injury, or advertizing injury, which are normally
contained within the policy, unless the CITY approves such
exclusions in writing.
ii. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general
liability or commercial umbrella liability insurance maintained in
accordance with this agreement.
b. Business Auto - the ENGINEER shall maintain business auto liability
and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each accident. Such insurance shall cover
liability arising out of "any auto", including owned, hired, and non-owned
autos, when said vehicle is used in the course of the PROJECT. If the
engineer owns no vehicles, coverage for hired or non-owned is
acceptable.
i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability
or commercial umbrella liability insurance obtained by
ENGINEER pursuant to this agreement or under any applicable
auto physical 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.
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i. ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional
liability, a claims-made policy, with a minimum of $1,000,000.00 per
claim and aggregate. The policy shall contain a retroactive date prior to
the date of the contract or the first date of services to be performed,
whichever is earlier. Coverage shall be maintained for a period of 5
years following the completion of the contract. An annual certificate of
insurance specifically referencing this project shall be submitted to the
CITY for each year following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained
all required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, on all policies except Professional Liability and
Workers Compensation as its interests may appear. The term CITY
shall include its employees, officers, officials, 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.
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g. Any deductible or self insured retention in excess of $25,000.00 that
would change or alter the requirements herein is subject to approval by
the CITY in writing, if coverage is not provided on a first-dollar basis. The
CITY, at it sole discretion, may consent to alternative coverage
maintained through insurance pools or risk retention groups. Dedicated
financial resources or letters of credit may also be acceptable to the
CITY.
h. Applicable policies (All policies except Professional Liability) shall each
be endorsed with a waiver of subrogation in favor of the CITY as
respects the PROJECT.
i. The CITY shall be entitled, in the event a claim is filed, upon its request
and without incurring expense, to review the ENGINEER'S insurance
policies including endorsements thereto and, at the CITY'S discretion;
the ENGINEER may be required to provide proof of insurance premium
payments.
j. Lines of coverage, other than Professional Liability, underwritten on a
claims-made basis, shall contain a retroactive date coincident with or
prior to the date of the contractual agreement. The certificate of
insurance shall state both the retroactive date and that the coverage is
claims-made.
k. Coverages, whether written on an occurrence or claims-made basis,
shall be maintained without interruption nor restrictive modification or
changes from date of commencement of the PROJECT until final
payment and termination of any coverage required to be maintained
after final payments.
I. The CITY shall not be responsible for the direct payment of any
insurance premiums required by this agreement.
m. 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.
L. Independent Engineer
The ENGINEER agrees to perform all services as an independent
ENGINEER and not as a subcontractor, agent, or employee of the CITY.
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M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full
disclosure in writing of any existing conflicts of interest or potential
conflicts of interest, including personal financial interest, direct or indirect,
in property abutting the proposed PROJECT and business relationships
with abutting property cities. The ENGINEER further acknowledges that it
will make disclosure in writing of any conflicts of interest that develop
subsequent to the signing of this contract and prior to final payment under
the contract.
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions
of the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY
may request the ENGINEER to assist in obtaining the services of a
qualified subcontractor to manage the remediation activities of the
PROJECT.
O. Permitting Authorities - Design Changes
This paragraph is not applicable for this AGREEMENT.
P. Schedule
ENGINEER shall provide services on an as-requested basis, with
scheduling by the CITY.
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.
B. Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required
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for the ENGINEER'S performance of its services. The CITY will perform, at
no cost to the ENGINEER, such tests of equipment, machinery, pipelines,
and other components of the CITY'S facilities as may be required in
connection with the ENGINEER'S services. The CITY will be responsible for
all acts of the CITY'S personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses
required by local, state, or federal authorities; and land, easements, rights-
of-way, and access necessary for the ENGINEER'S services or PROJECT
construction.
D. Timely Review
The CITY will examine the ENGINEER'S studies, reports, sketches,
drawings, specifications, proposals, and other documents; obtain advice of
an attorney, insurance counselor, accountant, auditor, bond and financial
advisors, and other consultants as the CITY deems appropriate; and render
in writing decisions required by the CITY in a timely manner in accordance
with the project schedule prepared in accordance with Attachment A.
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER'S services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at
CITY'S facilities that may contain hazardous materials, including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(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.
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G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of
Article IV.E. regarding the ENGINEER'S Personnel at Construction Site,
and provisions providing contractor indemnification of the CITY and the
ENGINEER for contractor's negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain
no direct action against the ENGINEER, its officers,
employees, and subcontractors, for any claim arising out
of, in connection with, or resulting from the engineering
services performed. Only the CITY will be the beneficiary
of any undertaking by the ENGINEER."
(2) This AGREEMENT gives no rights or benefits to anyone other than
the CITY and the ENGINEER and there are no third-party beneficiaries.
(3) The CITY will include in each agreement it enters into with any other
entity or person regarding the PROJECT a provision that such entity or
person shall have no third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver
of any right the CITY has to bring a claim against ENGINEER.
I. City's Insurance
(1) The CITY may maintain property insurance on certain pre-existing
structures associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is
maintained at the replacement cost value of the PROJECT. The CITY may
provide ENGINEER a copy of the policy or documentation of such on a
certificate of insurance.
(3) The CITY will specify that the Builders Risk/Installation insurance
shall be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
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The Scope of Services does not include costs of the ENGINEER for
required or requested assistance to support, prepare, document, bring,
defend, or assist in litigation undertaken or defended by the CITY. In the
event CITY requests such services of the ENGINEER, this AGREEMENT
shall be amended or a separate agreement will be negotiated between the
parties.
K. Changes
The CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect the ENGINEER'S
cost of or time required for performance of the services, an equitable
adjustment will be made through an amendment to this AGREEMENT with
appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment 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.
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D. Termination
(1) This AGREEMENT may be terminated only by the City for
convenience on 30 days' written notice. This AGREEMENT may be
terminated by either the CITY or the ENGINEER for cause if either party
fails substantially to perform through no fault of the other and does not
commence correction of such nonperformance with in 5 days of written
notice and diligently complete the correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City,
the ENGINEER will be paid for termination expenses as follows:
a.) Cost of reproduction of partial or complete studies, plans,
specifications or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files
and other data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to
document the work underway at the time of the CITY'S termination
for convenience so that the work effort is suitable for long time
storage.
(3) Prior to proceeding with termination services, the ENGINEER will
submit to the CITY an itemized statement of all termination expenses. The
CITY'S approval will be obtained in writing prior to proceeding with
termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER
for the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECT'S schedule,
commitment and cost of the ENGINEER'S personnel and subcontractors,
and ENGINEER'S compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify and hold harmless the CITY against liability for
any damage to the extent caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER'S
agent, consultant under contract, or another entity over which the
ENGINEER exercises control.
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G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the
prior written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different
theories of recovery, including breach of contract or warranty, tort including
negligence, strict or statutory liability, or any other cause of action, except
for willful misconduct or gross negligence for limitations of liability and sole
negligence for indemnification. Parties mean the CITY and the ENGINEER,
and their officers, employees, agents, and subcontractors.
I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT,
its interpretation and performance, and any other claims related to it. The
venue for any litigation related to this AGREEMENT shall be Tarrant
County, Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any
reason to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability will not affect any other provision, and this
AGREEMENT shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F.,
VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State
laws and regulations and with all City ordinances and regulations which in
any way affect this AGREEMENT and the work hereunder, and shall
observe and comply with all orders, laws ordinances and regulations which
may exist or may be enacted later by governing bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or ignorance
thereof shall be considered. ENGINEER agrees to defend, indemnify and
hold harmless CITY and all of its officers, agents and employees from and
against all claims or liability arising out of the violation of any such order,
law, ordinance, or regulation, whether it be by itself or its employees.
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Article VII
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire
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 - Scope of Services, Compensation, and Schedule
Attachment B -Amendments to Standard Agreement for Engineering Services
Attachment C — Supplemental Terms and Conditions
XXXXXXXXXX The Remainder of this Page is Intentionally Left Blank XXXXXXXXXXX
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C
Executed and effective this the day of 2014.
ATTEST: CITY OF FORT WORTH:
°o°°oo°�
o°o
By:
6°
ary J. y �' p� a ernando Costa
City Secret $ o ssistant City Manager
p °
OP I
APPROVED AS TO FORM AND L , ' APPROVAL RECOMMENDED:
By. A By.
Dou W. Black Doug
g as la4 W. Wiersig, PE
Assistant City Attorney Director, Transportation & ublic
Works Department
M&C No.: M&C Is Not Required ENGINEER:
M&C Dater
By:
Eric ie land PE.
for sow to
OFFICIAL RECORD
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ATTACHMENT A - SCOPE OF SERVICES, COMPENSATION, SCHEDULE
Refer to the attached CMJ Engineering, Inc. letter dated Revised July 2, 2012,
subject: Estimate Construction Materials Testing Services for Gendy Phase 2 at Will
Rogers Memorial Center, Fort Worth, Texas. If any conflict arises between the
Attachments/Exhibits and the Agreement, the terms of the Agreement shall control.
ATTACHMENT B - AMENDMENTS TO AGREEMENT
AS SHOWN WITHIN
ATTACHMENT C — SUPPLEMENTAL TERMS AND CONDITIONS
AS SHOWN WITHIN
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i
ATFACH Mbig- ' "A"
i
1rerracon
March 12,2014
City of Fort Worth
,
Architectural Services
401 W. 13'h St.
Fort Worth,Texas 76102-4616
Attention: Mr.Alfonso Meza I
P: [8171392-8274
E: Alfonso,meza @fortworthgov.org
Re: Proposal for Construction Materials Engineering and Testing Services
FWPD Aviation Administration Building
310 Gulf Stream Road
Fort Worth,Texas
Proposal No. P95140167 i
I I
,
i
Dear Mr. Meza,
We appreciate the opportunity to submit our proposal to provide construction engineering and j
testing services for the above referenced project. This proposal describes our understanding of
the project,the scope of services,and our budget estimate.
A.- PROJECT INFORMATION
E
I
Site Location
ITEM DESCRIPTION
Location 310 Gulf Stream Road, Fort Worth,Texas
Project Description
ITEM DESCRIPTION
Two-story(2° floor mezzanine)structure with an approximate footprint of
19,859 square feet. The finish floor elevation is 670.0 feet. The floor slab
Building Construction is a structural slab. The steel framed structure will bear on a belled-pier
foundation system. The exterior will consist of brick and masonry veneer
exterior.
Pavements Pavement will consist of cast-in-place Portland cement concrete bearing
on lime-treated compacted sub grade.
Grading Site grading Is within T the proposed grades based on the grading plans.
j
Terraeoh riristilFanls;lnc, 26:69 It '44 WV -4kI�ordt(r:Tk:
68:U10 .'F.;. (7]_26&80'2: fe taiion:c`oitt ! i
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'
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Proposal fo Construction Materials Engineering Services
1FVVPD Aviation Administration Building a Fort Worth,Texas Irerracon
March 12,2014plenacoh Proposal No.995140167
|
�� SCOPE OF SERVICES /
Based mn our understanding of the project,mepnopooatmpnlvidethefoUuwinQoomp*cfteaUnQ /
'
and observation services including special Inspections: '
�
Earthwork related services could include:
PmrfmmolnA laboratory moisture-density relationship, grain size analysis and Atba berg Limits
pn existing nubgnmdesoils; /
Performing m PI Knoa series for_parking oubonyde and optimum cement content for aviation '
pavements; and
'' Performing density testing on moisture conditioned okuv and low plasticity noUa on the �
paving mneoa to determine the moisture content and percent compaction of the soil mmtehoi' !
�
Concrete floor slab and paving related services: . .
|
n
Field am�tamOnoofumnondm��m�nmm ��conten�and
== 'rw - -~ ������.' temperature;~ |
"
Sets of5 cylinders will baomoted for every 1OD cubic yards poured ordaily;
Observe reinforcing bar detailing prior to concrete placement; including rebar size, spacing !
and configuration; �
Transporting, curing and testing concrete cylinders od the testing frequency specified. i
|
Foundation related services could include: �
Observing belled piers relative bo size, depth, hoU diameter, and pneoemow of unsuitable /
/
soils; |
Field sampling and testing of concrete for slump,air content and temperature; �
Sets of5 cylinders will bmnmated for every 1OQ cubic yards poured mrdaily, �
Observe reinforcing bar detailing prior to concrete placement; including nyhornize, spacing �
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and configuration;
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Transporting,curing and testing concrete cylinders ad the testing frequency specified.
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Masonry related services could Include:
Field sampling nf masonry mortar and grout �
p Cast masonry mortar and grout compressive strength specimens; !
Tranmport|ng, ouhoQ and tonUDg masonry mortar and grout specimens at the baaUng '
frequency specified.
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Proposal for Construction Materials Engineering Services
FWPD Aviation Administration Building a Fort Worth,Texas Ifier-racon
March 12,2014 p Terracon Proposal No, P95140167
Steel Observation services:
a Member and connection placement; i
Material verification of high-strength bolts, nuts and washers; and i
* Welded connection observations by CWI inspector.
Additional services!Exclusions:
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If you would like us to perform any additional work, please contact us and we will issue a
short Supplement to Agreement form, or Supplement Proposal, that outlines the additional
work to be-performed and associated fees. j
-C. COMP8MATI.4.N
Observation and material testing services provided will be billed at the rates shown on the
attached Budget Estimate. Based on the scope of services, we estimate a cost of
approximately $29,962.00 for the quantity of proposed services in the attached Budget
Estimate. All services will be billed at the time-and-materials rates shown on the Budget
Estimate. Please note that this is only a budget estimate and not a not-to-exceed price. Many
factors beyond our control, such as weather and the contractor's schedule,will dictate the final
fee for our services.
An overtime premium of 1.5 times the hourly rate will apply for services provided Monday
through Friday that are in excess of 8 hours per day and-for services provided before 7:00 AM
and after 7:00 PM, as well as for services provided on Saturday, Sunday and Terracon
recognized Holidays. Technician and consulting services will be billed at a four hour minimum.
The quantity of the work performed and factors beyond our control, such as weather and the
contractor's scheduielefficiency, will affect the actual cost for our services. You will be invoiced
at regular intervals but not less than monthly for services performed. Invoices for our services
will be directed to the addressee of this letter unless we are directed otherwise. Payment is due
within thirty(30)days following receipt of an invoice.
All services must be scheduled through our dispatch office (817-268-8600) at least 24 hours in
advance. Cancellations shall also be through our dispatcher prior to 4:30 pm the day prior. Our
dispatch office is available between the hours of 7:30-am-4:30 pm, M-F. After hours calls are
handled by our voice mail system. It Is recommended that you schedule services through our
dispatch office during our regular working hours noted above. Voice mail is checked the
following morning. Same day call-Ins or after hour voice mail call-ins for work the following day
are subject to the availability of personnel. We cannot guarantee service for same day call-ins.
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Proposal for Construction Materials Engineering Services
FVVPD Aviation Administration Building. Fort Worth,Texas Irerraconi
March 12,2014 m Terracon Proposal No.P96140167
I
R. SITE ACCESS AND SAFETY
Client shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the services and will execute any necessary site access
agreement. Terracon will be responsible for supervision and site safety measures for its own
employees, but shall not be responsible for the supervision or health and safety precautions for
any third parties, including Client's contractors, subcontractors, or other parties present at the
site.
E. TESTING AND ORSERVAT16N
Client understands that testing and observation are discrete sampling procedures, and that such
procedures indicate conditions only at the depths, locations, and times the procedures were
performed. Terracon will provide test results and opinions based on tests and geld observation
only for the work tested. Client understands that testing and observation are not continuous or
exhaustive, and are conducted to reduce—not eliminate—project risk. Client agrees to the level
or amount of testing performed and the associated risk. Client is responsible (even if delegated
to contractor) for notifying and scheduling Terracon so Terracon can perform these services.
Terracon shall not be responsible for the quality and completeness of Client's contractor's work
or their adherence to the project documents, and Terracon's performance of testing and
observation services shall not relieve contractor in any way from its responsibility for defects
discovered in its work, or create a warranty or guarantee. Terracon will not supervise or direct
the work performed by contractor or its subcontractors and is not responsible for their means
and methods.
F. AUTHO IZATI N
We understand that this proposal will be accepted by furnishing an e-mailed authorization. This
proposal is valid only if authorized within sixty days from the listed proposal date.
We appreciate the opportunity to be part of your team on this project. Please contact us if you
have questions or comments regarding this proposal.
Sincerely,
Terracon Consultants, Inc.
Texas Firm Registrat n F-3272
Clinton L. Hoover,P.E. (AR#15909), MBA William V. Jacob ; E.
Materials Project Manager Senior Projec aterials Engineer i
Attachments: Exhibit A--Budget Estimate
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Rellable-mitIRGsponsive,iii Convenlont°■.innovative 4
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Irerracan
Terracon Consultants,Inc.
2501 E.Loop 820 N
Fort Worth,TX 76118
Exhibit A-P95140167
Budget Estimate-Construction Material Testing
FWPD Aviation Administration Building,Fort Worth,Texas
March 12,2014
Service quantity Item Rate Subtotal
Report Preparation K Review ;
Project Manager 26 Hours $100.00 Per Hour $ 2,600.00
Clerical(if needed) 25 Hours $ 50.00 Per Hour $ 1,250.00
Earthwork Observations-10 Trips
Classification Tests(Proctor,PI,Sieye). 5 Test $225.00 Per Test _ $ 1,125,00
Technician Time 511 50 Hours $ 48.00 Per Hour $ 2,400.00
Nuclear Density Gauge Charge 9 Days $ 35.00 Per Da $ 315.00
Lime Series(PI)&Opt.Cem.Content of Soil 2 Test $300.00 Per Test $ 600.00
Vehlcle Charge(pertrip) 10 Trips $ 45.00 Per Trip $ 450.00
Foundation Observations-15 Trips Assumed 8 belled plers/day)
Technician Time ST2 120 Hours $ 48.00 Per Hour $ 5,760.00
TechnicianTlme OTz 30 Hours $ 72.00 Per Hour $ 2,160.00
Concrete Compression Tests(15 sets of 5) 75 Cylinders $ 15.00 Per Ilnder $ 1,125.00
Vehicle Charlie(pert(ip) 15 Tri s $ 45.00 Per Trip $ 675A0
Project Manager(Pier Kickoff) 4 Hours $100.D0 Per Hour $ 400.00
Vehicle Charge(per trip)(Pier Kickoff) 1 Trips $ 45.00 Per Trlp $ 45.00
Building Concrete Observations- 8 Trips SOO,Mezzanine,Gr.Ream,Safe room roofl
Concrete Compression Tests(12 sets of 5) 60 Cylinders $ 15.00 PerCyllnder $ 900.00
Technician Time ST2 36 Hours $ 48.00 Per Hour $ 1,728.00
Vehicle Charge(per trip) 8 Trips $ 45.00 Per Trip $ 360.00
PauingConcreteObservations-9Trlips
Concrete Compression Tests(13 sets of 5) 65 Cylinders $ 15.00 Per Cylinder $ 975.00
Technician Time ST 44 Hours $ 48.00 Per Hour $ 2,112.00
Vehicle Charge(per trip) 9 Trips $ 45.00 Per Tri $ 405.00
Steel and Weldln /Roofing Observations-5 Trips by CWi Technician
CWiTechniclanTlme 20 Hours $ 75,00 - Per-Hour $ 1,500.00
Vehicle Charge(pertrip) 5 Trips $ 45.00 PerTrIp $ 225.00
Masonry Observations-4 Trips(Dempster enclosure,safe room)
Motar Test Specimens 24 Cubes $ 11.00 Per Cube $ 264.00
Grout Test Specimens 16 Prisms $ 32.00 Per Prisms $ 512.00
TechnicianTlme ST2 15 Hours $ 48.00 Per Hour $ 768.00
Vehicle Charge(per trip) 4 Trips $ 45.00 Per Trip $ 180.00
Sample Pickups-8 Trips
Technician Time 16 Hours $ 48.00 Per Hour $ 768.00
Vehicle Charge(pertrip) 8 Trips 1 $ 45.00l Per Trip $ 360,00
ESTIMATED cwl $29,962.00
Notes,
s This estimate was prepared without a construction schedule.
iTechnldan and consulting services will be billed at a 4-hour minimum,except for sample pickup services.
iierracan,
City of Forth Worth,Texas, ("CITY")
Terracon Consultants, Inc., ("Engineer")
Attachment C
Supplemental Terms and Conditions
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity;
loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect,
punitive, or exemplary damages.
Testing and Observations. CITY understands that testing and observation are discrete sampling procedures, and that
such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Engineer will
provide test results and opinions based on tests and field observations only for the work tested. CITY understands that
testing and observation are.not continuous or exhaustive, and are conducted to reduce- not eliminate -project risk. CITY
agrees to the level or amount of testing performed and the associated risk. CITY is responsible (even if delegated to
contractor) for requesting services, and notifying and scheduling Engineer so Engineer can perform these Services.
Engineer is not responsible for damages caused by services not performed.due to a failure to request or schedule
Engineer's services. Engineer shall not be responsible for the quality and completeness of CITY's contractor's work or their
adherence to the project documents, and Engineer's performance of testing and observation services shall not relieve
CITY's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee.
Engineer will not supervise or direct the work performed by CITY's contractor or its subcontractors and is not responsible
for their means and methods.
GUARANTEES,OR
S
f
Site Access and Safety. CITY shall secure all necessary site related approvals, permits, licenses, and consents
necessary to commence and complete the Services and will execute any necessary site access agreement. Engineer will
be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the
supervision or health and safety precautions for any third parties, including CITY's contractors, subcontractors, or other
parties present at the site.
Change Orders;CITY may request changes to the scope of Services by altering or adding to the Services to be performed.
If CITY so requests, Engineer will return to CITY a statement (or supplemental proposal) of the change setting forth an
adjustment to the Services and fees for the requested changes. Following CITY's review, CITY shall provide written
acceptance. If CITY does not follow these procedures, but instead directs, authorizes, or permits Engineer to perform
changed or additional work, the Services are changed accordingly and Engineer will be paid for this work according to the
fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described
to Engineer at the time of proposal, Engineer is entitled to a change order equitably adjusting its Services and fee.
Page 1 of I
Black, Doug
From: Murayama, Dalton
Sent: Tuesday, April 22, 2014 10:02 AM
To: Black, Doug
Subject: FW: Police Air Support Hangar
Attachments: PD Air Support Hangar Agree Terracon Atch.pdf
FYI.
Dalton Murayama, AIA
Architectural Services Manager
Facilities Management/Architectural Services
Transportation & Public Works Department
City of Fort Worth
(817) 392-8088 Office (817) 392-8488 FAX
dalton.murayama(cDfortworthtexas ov
How am I doing? Please contact my supervisor: glenn.balog anfortworthtexas gov
From: Hoover, Clinton L. [_mailto:clhoover@terracon com]
Sent: Tuesday, April 22, 2014 9:04 AM
To. Murayama, Dalton
Cc: Meza, Alfonso; Cleveland, Eric; Hartley, Molly A
Subject: RE: Police Air Support Hangar
Dalton,
We agree to delete the warranty portion of our Attachment C.
Please let me know if you have further questions/comments.
Thank you,
Clint
Clinton Hoover, P.E., MBA
Project Manager I Construction Materials
Terracon
2501 E. Loop 820 N. I Fort Worth,TX 76118
D(817)591-42291 F(817)268-8602 1 M(817)694-1442
clhooverOterracon.com I terracon.com
Professional Registration/PE-AR
From: Murayama, Dalton [mailto:Dalton.Murayama(Wortworthtexas gov]
Sent: Monday, April 21, 2014 10:43 AM
To: Hoover, Clinton L.
Cc: ecleveland(a)terracon com; Meza, Alfonso
Subject: Police Air Support Hangar
Importance: High
Clint, our Law Dept. needs to have the one last item on the attachment cleared. Pis
review the attachment and let us to 1) delete the warranty portion on your Attachment
C or 2) agree to adding "Subject to Article VI.F. Indemnification." Pis let me know by
return Email. Thanks, Dalton
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