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HomeMy WebLinkAboutContract 38953 (2)CITY SECFiEfAR�3--Maj CONTRACT PVC3, CITY OF FORT WORTH, TEXAS DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS STATE OF TEXAS § KNOWN ALL BY THESE PRESENTS: COUNTY OF TARRANT § THIS AGREEMENT, entered into the 21day of, July 2009, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant and Johnson Counties, Texas, acting herein by and through Fernando Costa, its duly authorized Assistant City Manager, the "City", and HVJ Associates, Inc., "Engineer". WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the parties hereto mutually agree as follows: ARTICLE I SERVICES Section 1. Engineer hereby agrees to perform as a per -job 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 bridge foundations, drainage structures, retaining walls, levees, dams, roads, landfills, utilities and other civil works as may be required during the life of this contract and include laboratory analysis, field work, and reports. These services shall also include material testing, of Construction and vertical structure, Environmental study as needed. 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. 2. Advise the City on special aspects of each project as maybe 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 contract 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 OFFI CIAL RECORD OITY S�CRETAR`� �To WORTH, TX 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 contract will be specified in writing by the Department of Transportation and Public Works City of Fort Worth. 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 contract, 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 schedule of Fees and Services, attached hereto, marked "Attachment A", and incorporated herein for all purposes incident to this contract. In no event shall the total contract price paid by the City for all services performed hereunder exceed the sum of Two Hundred Thousand Dollars ($200,000.00) per year. 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 contract for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE III TERM Section 1. The term of this Agreement shall commence on the effective date and shall be for a term of one (1) year, unless terminated in accordance with the terms of this Agreement. Section 2. City, in its sole discretion, shall have the right, but not the obligation, to renew this Agreement two (2) times, each for a period of one (1) year from the termination date provided that Engineer shall agree in writing to continue such agreement pursuant to the same conditions as contained herein at units pricing satisfactory to City. GEOTECHNICALSERVICES ANNUAL CONTRACT Page 2 of 9 Section 3. The City has the option to extend the term of this Agreement, or any renewal period, as necessary for Engineer to complete work on any project entered into prior to the expiration of the Agreement. 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. To the best of its professional ability, all work performed by 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. In this connection, 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 contract which may rise out of or be connected with directly or indirectly: a. The negligent, defective or deficient execution, performance, attempted performance or non-performance of this contract by Engineer. b. Any act, 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 GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 3 of 9 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 contract until it has obtained all insurance required under this Article 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 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 Professional Liability $1,000,000 each claim annual aggregate Section 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Engineer's worker's compensation insurance policy and professional liability insurance, the City, its officers, employees and servants shall be endorsed as an additional insured on Engineer's insurance policies. b. Certificates of insurance shall be delivered to the Department of Transportation and Public Works' contract administrator, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. GEOTECI-INICAL SERVICES ANNUAL CONTRACT Pagz 4 of 9 c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A$ 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 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the contract, 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. 1. Engineer's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Engineer shall provide complete copies of all insurance policies required by these contract documents. n. If insurance policies are not written for specified coverage limits, Umbrella or Excess Liability insurance for any difference is required. Excess Liability shall follow form with the primary coverage. GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 5 of 9 ARTICLE VII ASSIGNMENT AND AMENDMENT Section 1. City and Engineer each bind themselves, and their respective legal successor and assigns, to this agreement. Laboratory, its successors and assigns, shall not assign, sublet or transfer any interest in this agreement without prior written consent of the City. Section 2. No modification, addition, deletion, revision, alteration or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed by the parties. ARTICLE VIII TERMINATION OF CONTRACT Section 1. City may terminate this contract at any time, for any cause, by notice in writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue all services and work hereunder and the placing of all orders or the entering into contracts for supplies, assistance, facilities, and materials, in connection with the performance of this contract and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this contract. Section 2. If City chooses to terminate this contract under Article VIII, Section 1, upon receipt of notice of termination, Engineer shall discontinue services rendered up to the date of such termination based upon calculations in Article II, Section 2 and the attached incorporated Schedule of Fees and Services (Attachment "A"). Section 3. All reports, whether partial or complete, prepared under this contract, 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. ARTICLE IX RIGHT TO AUDIT (a) Engineer agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of Engineer involving transactions relating to this contract. 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 in compliance with the provisions of this section. 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 GEOTECHNICALSERVICES ANNUAL CONTRACT Page 6 of 9 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. 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 In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ("M/WBE") in City contracts. Engineer acknowledges the M/WBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. 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. ARTICLE XII VENUE Should any action, whether real or asserted, at law or in equity, arise out of or under this Contract, venue for said action shall be exclusively in Tarrant County, Texas. GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 7 of 9 ARTICLE XIII NO THIRD PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. ARTICLE XIV SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phras clausesentence, paragraph, section, or other part of ARTICLE XV NOTICES All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: 1. CITY OF FORT WORTH: William A. Verkest, Director Department of Transportation and Public Works City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Copies to: Fernando Costa, Assistant City Manager City Manager's Office City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 GEOTECHNICAL SERVICES ANNUAL CONTRACT Page 8 of 9 2 ENGINEER: HVJ Associates, Inc. 9200 King Arthur Drive Dallas, TX 7524 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. Executed this the Lday of, 2009 ATTEST: City Secretary APPROVED AS TO FORM City Attorney Contract AUthorizatiOR oci GEOTECIINICAL SERVICES ANNUAL CONTRACT Page 9 of 9 CITY OF FORT WORTH BY: Fernando Costa Assistant City Manager APPROVAL RECOMMENDED: William A. Verl est, P . Director Tr ansportation/Public Works Dept. Engineer Firm: HVJ Associates, Inc. By: Hossam Esmail, P.E. Vice President � `I" ZoEC tTARY '17 WORTH, TX FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Concrete Compression Test Cylinders (Min. 4 per set), each Air Content/Slump/Temperature/Next Day Cylinder Pick up, hour Vehicle charge in case of usage Flexural Beams, each $16.00 $38.00 $25.00 $27.00 (Min 3 hours) *** Coring K' DIA to 6" depth 4/trip) ***$59.00 per add inch $6.35 (Min 4 per trip) 2" Coring for depth isolation to 6" each additional inch $42.00 (Min 4 per trip) Thickness Measurement, each $9.00 Patching of Core Holes, each Coring Technician Time, hour Flexural Test of Beams, each $6.00 $38.00 $27.00 Compression Test, each $58.00 Sawing and/or Capping Cores & Cylinders, each Compression Test of Cores, each Compression Test Specimen Hold Mix Design Review, each $105.00 Mix Design Formulation w/Aggregate Tests Include Specific Gravity/Sieve Analysis/Unit WT-200, each $580900 Additional Mix Design Utilizing Above Mix Analysis, each $210.00 Mix Design Formulation Revision, each $210.00 Engineering Tech (NICET) for Quality Assurance Monitoring of Onsite Work, hour $48.00 Pre -pour Reinforcing Steel Placement Inspection, hour $38.00 Sampling for In lab Test, hour $42.00 Equipment Charge N/C Minimum Vehicle Charge $30.00 Batching Mix Design in Preparation for Making Lab Confirmation Cylinders or Beams, hour $38.00 Batch Plant Observation Supporting Concrete Placement, hour $48.00 Concrete Flatness, Sq. Ft. per sq. ft. $0.02 min. $530.00 Certified Welding Inspector, hour $65.00 Field Gradation Equipment, test N/C Slump Test, each Include in Technician time *** Includes Cost of Technician Time Coring and Patching Core Holes Page 1 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings HMAC ++ Density Nuclear Method, hour ++ $47.00 Core In place Density, each $34.00 Coring HMAC Technician Time, hour $59.50 (Min 4/trip) Core Depth Measurement, core Patching Core Holes, each Min Vehicle Charge 4" DIA./6" Depth, core $45.00 Each Additional Inch, Inch $6.50 *** Rolling Pattern Nuclear Gauge, hour *** $47.00 Nuclear Moisture Density Gauge, day Included in rate Extraction and Gradation, each $180.00 Lab Density, each $45.00 Stability Test, each $170.00 Maximum Specific Gravity, each $78.00 Disposal Fee N/C Batch Plant Hot Bin Analysis, each $58.00 Material'Sampling For In Lab Tests, hour $4100 *** Includes Gauge Charge ++ First hour and half $165.00 any additional time after that is $47.00 per hour, (includes Technician Time, Mobilization, Vehicle, Trip and Gauge Charge). Page 2 of 5 � � 1 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Professional Chief Engineer/Scientist, hour $145*00 Senior Technician, hour $48600 Senior Project Engineer/Professional Engineer, hour $125*00 Project Engineer/Scientist/Geologist, hour $105.00 Graduate Engineer/Project Manager, hour $88.00 Staff Scientist/Geologist/Engineer, hour $88.00 Project Inspector, hour $48.00 Clerical, hour $32.00 Drafter, hour $38.00 Engineering Technician, hour $44.00 Engineering and Report Review, hour $105.00 Page 3 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings Geotechnical Undisturbed Soil Sample, each $12.00 (perH.) Visual Classification, each $12.00 Classification ASTM D-2487, each $105.00 Sample Extrusion, each N/A Sample Preparation, each $10.00 Atterburg Limits RAW PI, each $50.00 Soil w/Additive, each $55.00 Bar Lineal Shrinkage, each $20.00 Moisture Density Relationship (Proctor) Standard (ASTM 13-698), each $150.00 Moisture Density Relationship (Proctor) Modified (ASTM D4517), each $179.00 THD 113E, each $190400 Unit Weight, each $30.00 Unit Weight (Dry Rodded), each $30.00 -200 Sieve Analysis, each $32.00 Laboratory Moisture Content, each $8.00 Sieve Analysis (Fine Aggregate), each $62.00 Sieve Analysis (Large Aggregate), each $62.00 Sieve Analysis Finer than 200 Sieve), each $35.00 Lime or Cement Series Determination (5points), each $275.00 Optimum Lime Content, each $215.00 pH Series 6 points), each $215.00 Specific Gravity, each $45.00 Absorption, each $25.00 Los Angeles Abrasion (Large Aggregate), each $235.00 Los Angeles Abrasion (Small Aggregate), each $215.00 Texas Wet Ball Mill, each $175.00 Gradation (Lime or Cement Stabilized), each Limed Soil Depth Measurement, each ++$47.00/Hr ++$47.00 ++ In Place Moisture Density (Nuclear Method Technician), hour Grain Size Analysis (Mechanical and Hydrometer), each $155900 Unconfined Compression Test Including Moisture, each $35.00 Unconfined Compression Test Soil, each $30.00 Unconfined Compression Test Rock, each $40.00 Confined Compression Test (UU), each $104.00 Triaxial Test Unconsolidated Undrained, s eci $85.00 Triaxial Test Multiple Stage, stage $335.00 Triaxial Consolidated Undrained w/Pore Pressure Measurement, s eci $675.00 Triaxial Consolidated Drained Multiple Stage, stage $675.00 Triaxial Consolidated Drained Single Stage, stage $335.00 Triaxial Consolidated Drained Three Stage, stage $800.00 Consolidated Test, each $375.00 Direct Shear Consolidated Drained Sand & Gravel, point $225.00 Direct Shear Consolidated Drained Silt & Clay, point $375400 Direct Shear Consolidated Undrained Sand & Gravel, point $200.00 Direct Shear Consolidated Undrained Silt & Clay, point $225.00 Page 4 of 5 FEE SCHEDULE For Construction Material Testing and Geotechnical Borings California Bearing Ratio, each $275.00 THD Triaxial, each $840.00 Percent Swell, each $90.00 Permeability Test Falling Head, each $225.00 Permeability Test Triaxial, each $325.00 Permeability Test Flex Wall, each $325.00 Permeability Test Fixed Wall, each $225.00 Permeability Test Clay Soils, each $310.00 Permeability Test Granular Soils, each $275.00 Permeability Test Pressure Head wBeck Pressure Saturation, each $375,00 Electrical Resistivity, THD Method, each $105.00 Truck Mounted Mobilization, mile and trip Mile - $3.75 Trip - $325.00 Buggy/Ave Mounted, mile and trip Mile - $6.00 Trip - $450.00 Per Diem Per Man, day $95.00 Intermittent Soil Sampling w/Truck @ 5' Intervals 0-25' Depth, foot $12.00 Intermittent Soil Sampling w/Truck @ 5' Intervals 25-50' Depth, foot $13.50 Intermittent Soil Sampling w/Truck @ 5' Intervals 50-100' Depth, foot $16.00 Continuous Soil Sampling w/Truck 0-10' Depth, foot $16.00 Intermittent Soil Sampling w/ATV @ 5' Intervals 0-25' Depth, foot $13.00 Intermittent Soil Sampling w/ATV @ 5' Intervals 25-50' Depth, foot $14.50 Intermittent Soil Sampling w/ATV @ 5' Intervals 50400' De th, foot $17.00 Continuous Soil Sampling w/ATV 0.10' Depth, foot $15.00 Continuous Soil Sampling w/ATV 10.50' Depth, foot $19.00 Auger Drilling Without Sample, foot $10.00 Rock Coring w/NX Size, Core Barrel 0.25' Depth Carbide Bit, foot $19.00 Rock Coring w/NX Size, Core Barrel 25-50' Depth Carbide Bit, foot $21.00 Rock Coring w/NX Size, Core Barrel 50-75' Depth Carbide Bit, foot $22.00 Rock Coring w/NX Size, Core Barrel 75400' Depth Carbide Bit, foot $26.00 Rock Coring w/NX Size, Core Barrel 50-75' Depth Diamond Bit, foot $28.00 CME 5' Continuous Sampler 0.50' Depth, run $16.00 Per FT Stand By or Access Time, hour $175.00 Drilling w/Auger Rig, hour $150900 Minimum Drill Fee $700.00 Post Injection Sub -grade Evaluation Per Boring Including Moisture and Free Swell Determination $575.00 Minimum Post Injection Charge $1100.00 Field Time Engineer, hour $105.00 *** Includes Gauge Charge ++ First hour and half $165.00 any additional time after that is $47.00 per hour, (includes Technician Time, Mobilization, Vehicle, Trip and Gauge Charge). Page 5 of 5 MMIDDNYY ACORDTM CERTIFICATE OF LIABILITY INSURANCE 7DATE TE( 2009 Y) PRODUCER Phone: 713-490-4600 Fax: 713-490-4700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION •USI Southwest ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 840 Lessner Suite 600 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Three Memorial City Houston TX 77024 INSURERS AFFORDING COVERAGE 7NAIC# INSURED INSURER A: H V J Associates Inc. INSURERB: 6120 S. Dairy Ashford INSURERC: Houston TX 77072 INSURER D: INSURER E: rnvconr_ce THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' D POLICYNUMBER POLICY EFFECTIVE D E MMDD POLICY EXPIRATION DATE DD LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 61UUNIT2215 12/15/2008 12/15/2009 EACH OCCURRENCE $ 1, 000, 000 DAMAGETORENTED PREMISES Ea occurence $ 3 0 0 0 0 0 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 10 0 0 0 PERSONAL &ADV INJURY $ 1 o0O 000 GENERAL AGGREGATE $ 2 O O O O O O PRODUCTS-COMP/OP AGG $ 2 O O O O O O GEN'LAGGREGATE LIMIT APPLIES PER: POLICY X PECO LOC C AUTOMOBILE LIABILITY ANYAUTO 61UUNIT2215 12/15/2008 12/15/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1, OOO, OOO X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Perperson) $ X HIREDAUTOS NON -OWNED AUTOS BODILYINJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ D EXCESS/UMBRELLA LIABILITY X OCCUR CLAIMS MADE 61XHUIT0937 12/15/2008 12/15/2009 EACH OCCURRENCE $10000 000 AGGREGATE $ 1 O 0 0 O 0 0 0 DEDUCTIBLE $ X RETENTION $10 0 0 O 1 $ E WORKERS COMPENSATION AND 61WEI00124 12/15/2008 12/15/2009 WC STATU- OTH- X TORYLIMITSI _ER I EMPLOYERS' LIABILITY E.L. EACH ACCIDENT S 11000,000 _ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 000 E.L. DISEASE- POLICY LIMIT $ 1 0 0 0 0 0 0 If yes, describe under SPECIAL PROVISIONS below A OTHER Professional AEE7204002 4/6/2009 4/6/2010 iAnnual Per Claim $1,000,000 Aggregate $2,0001000 Liability DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS lanket Waiver of Subrogation (all policies) and Blanket Additional Insured (all policies except Workers Compensation & Professional Liability) is issued in favor of the Certificate Holder as required by written contract, but limited to the operations of the Named Insured. The General Liability policy is primary and non-contributory to the insurance available to the Additional Insured as required by written contract, City of Fort Worth Department of Engineering TE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Fort Worth WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE 8851 Camp Bowie Boulevard West, Suite 300 CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Fort Worth TX 76116 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) http://apps.cfwnet.orgJecounci 1/printmc.asp?id=11941 &print=true&... City of Fort Worth, Texas • • • • • COUNCIL ACTION: Approved on 7/21/2009 DATE: Tuesday, July 21, 2009 REFERENCE NO.: C-23668 LOG NAME: 20CIPGEOTECH SUBJECT: Authorize Agreements in an Amount Not to Exceed $200,000.00 with Terracon Consultants, Inc., T. Smith Inspection and Testing Services, Globe Engineers, Inc., Fugro Consultants, Inc., Professional Service Industries, Inc., and HVJ Associates Inc., for Geotechnical and Construction Materials and Environmental Testing Services for Various Construction Projects RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute agreements with Terracon Consultants, Inc., T. Smith Inspection and Testing Services, Globe Engineers, Inc., Fugro Consultants, Inc., Professional Service Industries, Inc. and HVJ Associates Inc., for geotechnical and construction materials and environmental testing for various construction projects. The term of each agreement is one year with two one-year renewal options. The annual not -to -exceed value of each contract is $200,000.00. DISCUSSION: Since 1982, the City has periodically negotiated contracts with firms to perform geotechnical, construction materials and environmental testing services for various City projects. These "requirement contracts" provide the City with additional capacity as needed and allow for rapid response to departmental needs with pre -established unit prices. In April 2009 City staff solicited and received Statements of Qualifications for professional services and is recommending the approval of contracts with the listed professional testing firms for providing onsite testing services. Eleven different firms responded to a Request for Qualifications. Of those eleven, the following six firms were selected for this annual contract. Terracon Consultants, Inc. T. Smith Inspection and Testing Services Globe Engineers, Inc. Fugro Consultants, Inc. Professional Service Industries, Inc. HVJ Associates Inc. The M/WBE office provided a waiver of the goal for this project because the purchase of goods and services is from sources where subcontracting or supplier opportunities are negligible. Staff is recommending that the City enter into contracts with all six firms selected by a staff committee that ranked the respondents on published criteria. Funding for the geotechnical and construction materials and environmental testing services is currently 1 of 2 7/22/2009 10:37 AM http: //apps.cfwnet. or�ecounc i 1/pri ntmc, asp?id=11941 &print=true&... available through various Capital Improvement Program Funds. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of various Capital Improvement Program Funds, FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by; Originating Department Head: Additional Information Contact: ATTACHMENTS 1. MWBE waiver.pdf (CFW Internal) FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest (7801) Andy Anderson (8648) 2 of 2 7/22/2009 10:37 AM