HomeMy WebLinkAboutContract 45602 clTY sWRET ; Z
CONTRACT NO. 2
CITY OF FORT WORTH,TEXAS
DEPARTMENT OF TRANSPORTATION
AND PUBLIC WORKS
STATE OF TEXAS §
KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
THIS AGREEMENT ("Agreement"), effective as described below, is by and
between the CITY OF FORT WORTH, a Texas home-rule municipal corporation, acting
herein by and through its duly authorized Assistant City Manager, (the "City"), and Apex
Geoscience, Inc., (the"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 perforin 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 projects as may be required
during the life of this Agreement and may include laboratory analysis, field work, and
reports. These services shall also include materials testing for the demolition and/or
construction of vertical structures, including environmental studies as needed.
rn Section 2. In addition to the professional engineering services to be performed under
C-1) Section 1 above, Engineer shall render the following professional services:
rn
1. Attend such conferences with City officials as may be determined
necessary to ensure the drilling, testing, and analysis will proceed in an
Xi-
economical and orderly manner.
2. Advise the City on special aspects of each project as may be requested by
the City.
3. Furnish all necessary personnel, drilling equipment, laboratory testing
equipment, and materials necessary to perform all testing and other work required
and contemplated under this contract and at such time IRZI in sucli manner so as
not to delay the geotechnical investigation by the C tgkFF034#JmI1EQ1M 11so
CITY SECRETARY
FT.WORTH, TQC
furnish all necessary barricades, signs and other warning devices and their
appurtenances so as to comply with all applicable local, state and federal laws,
rules and regulations.
ARTICLE 11
CITY'S OBLIGATIONS AND COMPENSATION
Section 1. All testing or other work to be performed under this Agreement will be
specified in writing by the City's Department of Transportation and Public Works. 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 verbal orders of any person.
City shall make available to Engineer in the performance of this Agreement, all existing
plans, maps, field notes, statistics, computations, and other data in its possession relative
to the site(s) 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 amount to be paid by the City for all services performed hereunder
exceed the sum of Three Hundred Thousand Dollars ($300,000.00) unless this
Agreement is specifically amended or renewed.
Engineer shall bill City upon completion of the particular services. City shall pay
Engineer within 45 days of receipt and City's acceptance of responsibility for the
services. Acceptance by Engineer of said payment shall operate as and shall release the
City from all claims or liabilities Linder 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.
Engineer understands and agrees that pursuant to the City's general Construction
Contract Documents, payment for services rendered resulting from a retest or
cancellation caused by a contractor for a given project is the responsibility of the City's
primary contractor ("Contractor"). City shall review and determine whether the invoice
charges are City's or Contractor's responsibility. In the event Contractor is responsible,
City will forward Engineer's invoice to said Contractor. Engineer shall be paid directly
by Contractor, and evidence of such payment shall be provided to City prior to the
project's completion. Failure of Contractor to pay Engineer will result in the
City withholding final pay from the Contractor until Engineer is paid.
Acceptance by Engineer of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in
GE4TECHN[CAL SERVICES
ANNUAL CONTRACT
Page 2 of I I
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 unit pricing satisfactory to City.
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 ITV
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 respondeat
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. 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
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 3ofII
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 negligence in the safeguarding of the work by Engineer or its
subcontractors;
d. Failure by Engineer or its subcontractors to properly execute the
work;
e. Defective work or materials; and/or
f. Striking, cutting, impaling or tearing any cables, utility lines, pipes
and other matter located beneath the surface due to the negligence or
wrongful acts of Engineer.
Engineer shall likewise indemnify, and hold harmless, City for any and all injury or
damage to City property arising out of, or in connection with, any and all acts or
omissions of Engineer, its officers, agents, employees or subcontractors.
ARTICLE VI
INSURANCE
Section 1. Engineer shall not commence work under this Agreement until it has
obtained all insurance required under this Article 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, Engineer may elect to add any
subconsultant as an additional insured under its liability policies.
Commercial General Liability
$5,000,000 each occurrence
$5,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall
be on any vehicle used in the course of the PROJECT.
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 4 of I 1
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. Professional Liability
coverage shall be maintained for the duration of the contractual
agreement and for a minimum of five (5) year's following completion
of the service provided under the contractual agreement or for the
warranty period whichever is longer. An annual certificate of
insurance submitted to the City shall evidence coverage.
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, Port
Worth, TX 76102,prior to commencement of work,
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
d. The Engineer shall be responsible for providing notice to the City, 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.
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 5 of I I
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.
ARTICLE VTI
ASSIGNMENT AND AMENDMENT
Section 1. City and Engineer each bind themselves, and their respective legal successors
and assigns, to this Agreement. Engineer, its successors and assigns, shall not assign,
sublet or transfer any interest in this Agreement without prior written consent of the City.
Section 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 AGREEMENT"
Section 1. City may terminate this Agreement at any time, for any cause, by notice in
writing to Engineer. Upon receipt of such notice, Engineer shall immediately discontinue
all services and work hereunder and the placing of all orders or the entering into contracts
for supplies, assistance, facilities, and materials, in connection with the performance of
this Agreement and shall proceed to cancel promptly all existing contracts insofar as they
are chargeable to this Agreement.
Section 2. If City chooses to terminate this Agreement under Article VIII, Section 1,
upon receipt of notice of termination, Engineer shall discontinue services rendered up to
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 6 of]I
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 Agreement,
including the original drawings, whether furnished by the City, its officers, agents,
employees, consultants, engineers, or contractors, or prepared by Engineer, shall be or
become the property of the City, and shall be furnished to the City prior to or at the time
such services are completed, or upon termination or expiration of this Agreement.
ARTICLE IX
RIGHT TO AUDIT
(a) Engineer agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Engineer involving transactions
relating to this Agreement. Engineer agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits 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
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
MINORITYY AND WOMAN BISUNESS ENTERPRISE
(MIWBE)PARTICIPATION
In accordance with City Ordinance No. 20020-12-2011, as amended, the City has goals
for the participation of minority business enterprises and woman business enterprises
and/or small business enterprises ("M/BE and/or SBE") in City contracts. Engineer
acknowledges the M/BE (and/or SBE, if applicable) goal established for this contract and
its MBE (and/or SBE, if applicable) commitment. Any misrepresentation of facts (other
than a negligent misrepresentation) and/or the commission of fraud by the Engineer may
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 7 of I I
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.
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 8of II
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
V'EN'UE
Should any action, whether real or asserted, at law or in equity, arise out of or under this
Agreement, venue for said action shall be exclusively in Tarrant County, Texas or the
United States District Court for the Northern District of Texas, Fort Worth Division.
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, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
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:
GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Page 9 of 1 I
1. CITY OF FORT WORTH: Douglas W. Wiersig, PE, Ph.D.,Director
Department of Transportation and Public Works
City of Fort Worth
1000 Throckmolton Street
Fort Worth, TX 76102
Copies to: Fernando Costa,Assistant City Manager
City Manager's Office
City of Fort Worth
Fort Worth,TX 76102
2 ENGINEER:
Apex Geoscience, Inc.
1009 Oakrnead Dr.
Arlington,TX 76411
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
GEOTECHNICAL SERVICES
ANNUAL,CONTRACT
Page 10 of 1 1
ACCORDINGLY, the panties hereto have made and executed this agreement in multiple
originals effective as of the date and year subscribed by the City Manager or his designee.
Engineer Firm: CITY OF FORT WORTH
Apex Geoscience, Inc.
By- By:
Mitch Bernhard Fernando Costa
President Assistant.City Manager
Date: `� Date: S
ATTE T:
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Ln7 8 b0ary J. K r
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APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND GALITY
glasW. Blac :oD
uglas W iersig, PE, Ph.D.,Dire )r
Assistant City Attorney Transpoitation/Public Works Dept.
-� C - `Y
OFFICIAL RECORD
CITY SECRETARY
GEOTECHNICAL SERVICES �ARTWORTH,ANNUAL CONTRACT d'¢«��� O TX
Pape 1 I of 11
ATTACHMENT A
FEF SCHEDULE
For Construction Material Testing and Geotechnical Borings
Concrete
Compression Test cylinders Min.4 er sat},each $16 00
Air Content/Slump/Temperature/Next Da C Linder Pick up,hour $41.50 (Min s hours)
Vehicle char a in case of usa a $37.00
Flexural Beams,each $30'00
***Coring(4"DIA to 6"depth 4/trip) ***$59.00 (Min 4 per trip)
per add inch$6.35
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 $6.00
CorinR Technician Time,hour $41'50
Flexural Test of Beams,each $30'00
Compression Test,each
Savin and/or Capping Cores&Cylinders,each $60.04
Compression Test of Cores,each
Compression Test Specimen Hold
Mix Desi n Review,each $105.00
Mix Design Formulation w/Aggregate Tests Include Specific Gravity/Sieve $580.00
Anal sislUnit WT-200,each
Additional Mix Desi2 Utilizin g Above Mix Analysis,each $210.00
Mix Design Formulation Revision,each $210'00
Engineering Tech(NICET)for Quality Assurance Monitoring of Onsite Work, $48.00
hour
Pre-pour Reinforcin Steel Placement Ins ection hour $41.50
Sampling for In lab Test hour $42.00
Equipment Char e 7.
Minimum Vehicle Charge
$3700
'00
Batching Mix Design in Preparation for Making Lab Confirmation Cylinders $41.50
or Beams,hour
Batch Plant Observation Su orcin 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 NIC
Slump Test,each Include in Technician
time
***includes Cost of Technician Time Coring and Patchin Core Holes
Page 1 of 5
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
HMAC
++Density Nuclear Method,hour f ++$49-00
Core In place Density,each $34.04
Coring HMAC Technician Time,hour
Core Depth Measurement, core $59.50 {Min 4/trip)
Patching Core Holes,each
Min Vehicle Charge
4"DIA/6"Depth,core $45.00
Each Additional Inch,Inch 49.50
.00
***Rollin Pattern Nuclear Gauge,hour ***$n rate
Nuclear Moisture Density Gauge,da Included in rate
Extraction and Gradation,each $180.00
Lab Density,each $
Stabili Test,each $1770.0.00
00
Maximum Specific Gravity,each $78'00
N0C
Disposal Fee
Batch.Plant Hot Bin.Analysis,each $58.00
Material Sampling For In Lab Tests,hour $42'00
*** Includes Gauge Charge
++First hour and half$I70.00 any additional time after that is$49.00 per
hour,(includes Technician Time,Mobilization,Vehicle,Trip and Gauge
Char e .
Page 2 of 5
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Professional
Chief Engineer/Scientist,hour $150.00
Senior Technician,hour $50.00
Senior Project Engineer/Professional Engineer,hour $130.00
Project Engineer/Scientist/Geologist,hour $110.00
Graduate En ineerlPra'ect Manager,hour $90.00
Staff Scientist/Geolo isVEn ineer,hour $90.00
Project Inspector,hour $40.00
Clerical,hour $34.00
Drafter,hour $40'00
En ineering Technician,hour $41.50
Engineering and Report Review,hour $105'00
Page 3 of 5
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Barings
Geotechnical
Undisturbed Soil Sam le,each $12.00 (per ft.1
Visual Classification,each $12'00
Classification ASTM D-2487,each $105.00
Sample Extrusion,each .00
0
Sample Pre aration,each $100.
Atterbur Limits RAW PI,each $52.00
Soil wfAdditive,each $55'00
Bar Lineal Shrinkage,each $20.00
Moisture Density Relationship(Proctor) $150.00
Standard ASTM D-598),each
Moisture Density Relationship(Proctor) $179.00
Modified ASTM D-15X7),each
THD 113E,each $
Unit Weight,each $330.00
0.00
Unit Weight Rodded),each $30.00
-200 Sieve Analysis,each $34.00
Laboratoa Moisture Content,each $8.50
Sieve Analysis Fine A e ate ,each $62.00
Sieve Analysis(Lar e Aggregate),each $62.00
Sieve Analysis Finer than 200 Sieve),each $35.00
Lime or Cement Series Determination 5 points),each $275.00
Optimum Lime Content,each $215.00
H Series(6points),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 Sail Mill,each $175.00
Gradation(Lime or Cement Stabilized),each ++$49.0011-Ir
Limed Soil Depth Measurement,each
++In Place Moisture Density uclear Method Technician),hour ++$49.00
Grain Size Analysis(Mechanical and Hydrometer),each $155.00
Unconfined Compression Test Including Moisture,each $35.00
Unconfined Compression Test Soil,each $38.00
Unconfined Compression Test Rock,each $04.00
Confined Compression Test U ,each $104.D0
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,sta a $800.00
Consolidated Test,each $375.00
Direct Shear Consolidated Drained Sand&Gravel,point $225.00
Direct Shear Consolidated Drained Silt&Clay,point $375.00
Direct Shear Consolidated Undrained Sand&Gravel,point $200.00
Direct Shear Consolidated Undrained Silt&Clay,point $225.00
California Bearing Ratio,each $275`00
Page 4 of 5
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
THD Triaxial,each $840.00
Percent Swell,each $90.00
Permeability Test Falling Head,each $225.00
PermeabilityTest Triaxial,each $325.0
PermeabilityTest Flex Wall,each $325.000
Permeabili Test Fixed Wall,each $225.00
PermeabilityTest ClaySoils,each $310.00
PermeabilityTest Granular Soils,each $275.00
Permeabili Test Pressure Head wBeck Pressure Saturation,each $375.00
Electrical Resistivity,THD Method,each $105.00
Truck Mounted Mobilization, mile and trip Mile-$4.00
Tri -$350.04
BuggylAve Mounted,mile and trip Mile-$6.00
Tri -$475.00
Per Diem Per Man,da $100.00
Intermittent Soil Sam w/Tervals 0-25'Depth,foot $12.00
Intermittent Soim
ling wiTruck 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 w1ATV @ 5'Intervals 0-25' Depth,foot $13.00
Intermittent Soil Sampling w1ATV 5' Intervals 25-50'Depth,foot $14.50
Intermittent Soil Sampling w1ATV @ 5' Intervals 54-100' Depth,foot $17.00
Continuous Soil Sam lin w1ATV 0-10' Depth,foot $15.00
Continuous Soil Sam lin w1ATV 14-50'De th,foot $19.00
Auger Drilling Without Sample,foot $10.00
Rock Corin w/NX Size,Core Barrel 0-25' Depth Carbide Bit,foot $25.00
Rock Corin w/NX Size,Core Barrel 25-50'Depth Carbide Bit,foot $27.00
Rock Corin w/NX Size,Core Barrel 50-75'Depth Carbide Bit,foot $29.00
Rock Corin w/NX Size,Core Barrel 75-100' Depth Carbide Bit,foot $31.00
Rock Corin w/NX Size,Core Barrel 50-75'Depth Diamond Bit,foot $33.00
CME 5' Continuous Sampler 0-50'Depth,run $16.00 Per fiT
Stand B or Access Time,hour $200.00
Drilling w/Au er,Ri ,hour $150.00
Minimum Drill Fee $700'00
Post Injection Sub-grade Evaluation Per Boring Including Moisture and Free $575.00
Swell Determination
Minimum Post Injection Charge $1100.00
Field Time Engineer,hour $105.00
*** Includes Gauge Charge
++First hour and half$170.00 any additional time after that is$49.40 per
hour,(includes Technician Time,Mobilization,Vehicle,Trip and Gauge
Charge).
Mage 5 of 5
M&C - Council Agenda Page 1 of 2
City of Dort Worth, Teras
Mayor and Council Communication
COUNCIL ACTION: Approved on 411512014
DATE: Tuesday,April 95, 2094 REFERENCE NO.: **C-26764
LOG NAME: 202094 GEOTECHNICAL CONTRACTS
SUBJECT:
Authorize Execution of One-Year Annual Contracts with Renewal Options for Geotechnical, Material, and
Environmental Testing for Various City Construction Projects with Apex Geoscience, Inc., ETTL Engineers
& Consultants, Inc., Fugro Consultants, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc.,
Landtec Engineers, LLC, Rone Engineering Services, Ltd., and T. Smith Inspection &Testing, LLC, with a
Fee Not to Exceed $300,000.00 Annually Per Firm (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute individual contracts with
Apex Geoscience, Inc., ETTL Engineers & Consultants, Inc., Fugro Consultants, Inc., Globe Engineers,
Inc., Gorrondona &Associates, Inc., Landtec Engineers, LLC, Rone Engineering Services, Ltd., T. Smith
Inspection & Testing, LLC, for geotechnical, material and environmental testing for various City
construction projects. The term of each contract is one-year with two one-year renewal options. The
annual amount of each contract is up to$300,000.00.
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 contracts provide the City
with additional capacity as needed and allow for rapid response to departmental needs with pre-
established unit prices.
A Request for Qualifications (RFQ)was published for these services in the Fort Worth Star-Telegram in
January 2094. The Department received Statements of Qualification for professional services from 20
firms for providing onsite testing services. Each firm's proposal was evaluated based upon pre-
established selection criteria including qualification of personnel, experience and performance on previous
City contracts, and availability of testing equipment. An inter-departmental committee selected as most
qualified and recommends the following firms for contract approval, Apex Geoscience, Inc., ETTL
Engineers& Consultants, Inc., Fu9ro Consultants, Inc., Globe Engineers, Inc., Gorrondona&Associates,
Inc., Landtec Engineers, LLC, Rone Engineering Services, Ltd., T. Smith inspection &Testing, LLC.
Funding for the geotechnical, material, and environmental testing for various City construction projects will
be provided through various project funding sources.
The M/VVBE office in conjunction with the Transportation and Public Works Department has determined
compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this
project. Three of the eight firms recommended for award are SBE Certified which include Globe
Engineers, Inc., Gorrondona &Associates, Inc. and T. Smith Inspection and Testing, LLC.
FISCAL INFORMATION I 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:
M&C - Council Agenda Page 2 of 2
TO Fund/AccounflCenters FROM Fund/Account/Centers
CERTIMATIONS:
Submitted for City Mana er's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Ryan Jeri (7920)
ATTACHMENTS
1, 2014GEOC Compliance Memo. df (CFW Internal)
CITY OF FORT WORTH
ASSIGNMENT, ASSUMPTION AND CONSENT
For value received, Apex Geoscience, Inc. ("Assignor"), hereby assigns, transfers, sets over and
conveys to Braun Intertec Corporation ("Assignee"), all right, title and interest in and to any and all
sums of money now due or to become due from the City of Fort Worth under City Secretary Contract
No. 45602 (Purchase Order Nos. 14-00083661, 15-00088802) herein after referred to as Project
Agreement and attached as Exhibit "A", and Assignee agrees to assume and perform all duties and
obligations required under the terms of the Project Agreement, and further covenants to assume, and
hereby does assumes, the due and punctual performance and observance of all covenants, agreements,
terms and conditions of the Project Agreement which are to be performed or observed by Assignor, with
such assignment and assumption to be effective May 29, 2015.
This Assignment constitutes the entire agreement between the parties with respect to the subject matter
hereof. No modification of any provision shall be effective unless in writing and signed by all parties.
This Assignment shall inure to the benefit of and be binding upon the parties hereto and their respective
successors and assigns.
This Assignment shall be governed by the laws of the State of Texas, without application of principles
of conflicts of law.
This Assignment may be executed in one or more counterparts each of which shall be deemed an
original but all of which together shall constitute one and the same instrument. Signed signature pages
may be transmitted by facsimile or e-mail, and any such signature shall have the same legal effect as an
original.
Dated the 1 day of J t�1. ,2016
Apex Geoscience, Inca (Assignor)
By: o
Title: Chief/Operating Officer
r r;)orcL+V)(Assignee)
By:
Title: �-
Acknowledgement Page to Follow
Assignment Form Page 1 of
NOTARY ACKNOWLEDGEMENT
On th day of -), 2016, personally appeared
0 :1 cs G,a who adknowledged to me that (s)he is the
20 C) of Apex Geoscience, Inc. and that (s)he executed this document for the purposes
and consideration contained herein.
Signature/Officer of Company
SUBSCRIBED TO before me on this S-k—day of 2016.
ilk- Da,j
JODI KATHLEEN DAVIS
par np bi
Notary Public,state of Texas N ary Public in and for the State of
r My Commission Expires My commission Expires: 14-G'l � 1
April 09. 2019
NOTARY ACKNOWLEDGEMENT
On the _� day of �- [ 2016, personally appeared
11^, c-hc,-k-` r-n �� E - -f-y who aekn®wledged to me that (s)he is the
P, es'cAe rJ- of Braun Intertec Corporation and that (s)he executed this document for the
purposes and consideration contained herein.
> na640 Officer &- Ly
SUBSCRIBED TO before me on this S t day of —� l L � , 2016.
HOLLY VETTER
Notary Public i nd for the State of
M. �'NOTARY PUBLIC-MMMTA
y � K.. My commission Expires: Jar , 1 a o aC
s `yt3a1 My Commission Expires r
�y,gig January 31.2020
CONSENT TO ASSIGNMENT
The City of Fort Worth consents to the assignment of Apex Geoscience, Inc. ("Assignor") to
Braun Intertec Corporation ("Assignee"), of all rights, title, and obligation owing and all funds due or
to become due under City of Fort Worth under City Secretary Contract No. 45602 (Purchase Order Nos.
14-00083661, 15-00088802).
CITY OF FORT WORTH
usan Tanis, Asst. City Manager DATE
zovla-
Aaron J. Bovos, CFO/Director- Fin. Mgmt Servs. D TE
AP ROYF AS TO F9,R1 ND LEGALITY:
ill Trevino, Asst. City Attorney DATE
Assignment Form Page 2 of 2
EXffiBIT A
Project Agreement
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Exhibit A
C➢TV gECRETAY ,
CONTRACT M0,W L((1z1
CITY OF FORT WORTI-1,TEXAS
DEPARTMENTOF TRANSPORTATION
AND PtJBL1C WORKS
STATE OF TEXAS §
KNOWN ALL BY THESE PRESENTS:
COUNTY OF TARRANT 5
THIS AGREEMENT ("Agreement"), effective as described below, is by and
between the CITY OF FORT WORTH, a Texas home-rule municipal corporation, acting
herein by and tlu-ough its duly authorized Assistant City Manager, (the "City'), and Apex
Geoscience, Inc., (the "Engineer").
WITNESSETH
That for and in consideration of mutual covenants and agreements herein contained, the
parties hereto mutually agree as follows:
ARTICLE 1
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 projects as may be required
during the life of this Agreement and may include laboratory analysis, field work, and
reports. These services shall also include materials testing for the demolition and/or
construction of vertical structures, including environmental studies 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:
M 1. Attend such conferences with City officials as may be determined
M necessary to ensure the drilling, testing, and analysis will proceed in an
m economical and orderly manner.
2. Advise the City on special aspects of each project as may be requested by
�-6 the City.
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3. furnish all necessary personnel, drilling equipment; laboratory testing
equipment, and materials necessary to perform all testing and other W01-1( 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
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furnish all necessary barricades, signs and other warning devices and their
appurtenances so as to comply with all applicable local, state and federal laws,
miles and regulations.
ARTICLE 11
CITY'S OBLIGATIONS AND COMPENSATION
Section 1. All testing or other work to be performed under this Agreement will be
specified in writing by the City's Department of Transportation and Public Works. 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 verbal orders of any person.
City shall make available to Engineer in the performance of this Agreement, all existing
plans, maps, field notes, statistics, computations, and other data in its possession relative
to the site(s) designated for investigation. City asstunes no responsibility for the accuracy
of such data furnished to Engineer by the City, its agents, contractors, or subcontractors.
Section Z. 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 amoiunt to be paid by the City for all services performed hereunder
exceed the sum of Three Hundred Thousand Dollars ($300,000.00) unless this
Agreement is specifically amended or renewed.
Engineer shall bill City upon cornpletion of the particular services. City shall pay
Engineer within 45 days of receipt and City's acceptance of responsibility for the
services. 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.
Engineer understands and agrees that pursuant to the City's general Construction
Contract Documents, payment for services rendered resulting from a retest or
cancellation caused by a contractor for a given project is the responsibility of the City's
primary contractor ("Contractor"). City shall review and determine whether the invoice
charges are City's or Contractor's responsibility. In the event Contractor is responsible,
City will forward Engineer's invoice to said Contractor. Engineer shall be paid directly
by Contractor, and evidence of such payment shall be provided to City prior to the
project's completion. Failure of Contractor to pay Engineer will result in the
City withholding final pay from the Contractor until Engineer is paid.
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Acceptance by Engineer of said payment shall operate as and shall release the City from
all claims or liabilities under this Agreement for anything related to, done, or furnished in j
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GEOTECHNICAL SERVICES
ANNUAL CONTRACT
Paso 2 of 1 l
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 unit pricing satisfactory to City.
Section 3. The City has the option to extend the term of this Agreement, or any renewal I
period, as necessary for Engineer to complete work on any project entered into prior to
the expiration of the Agreement. I
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 respondeat
superior shall not apply as between City and Engineer, its officers, agents, employees, i
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 i
comply in all aspects with all applicable local, state and federal laws and with all
applicable rules and regulations promulgated by the local, state and national boards,
bureaus and agencies. Approval by the City shall not constitute or be deemed to be a
release of the responsibility and liability of Engineer or its officers, agents, employees,
contractors and subcontractors for the accuracy and competency of its drilling, testing,
and reporting, and other engineering services performed hereunder.
Section 2. Engineer shall indemnify,hold harmless and defend the City and all of its
officers, agents,servants and employees from and against any and all claims or suits
for property damage or loss and/or personal injury, including death, to any and all
persons of whatsoever kind or character, including but not limited to employees of
GEOTFCHNICAI.SERVICES
ANNUAL CONTRACT
Page 3 of I I
{
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 negligence in the safeguarding of the work by Engineer or its
subcontractors;
d. Failure by Engineer or its subcontractors to properly execute the
work;
e. Defective work or materials; and/or
f. Strildng, 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
omissi.ons of Engineer, its officers, agents, employees or subcontractors.
ARTICLE VI
INSURANCE
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Section 1, Engineer shall not commence work under this Agreement until it has
obtained all insurance requivrcd 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, Engineer may elect to add auy
subconsultant_as an additional insured under its liability policies.
Conmiercial General Liability
$5,000,000 each occurrence
$5,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis), Coverage shall
be on any vehicle used in the course of the PROJECT,
GL•OTECHNICALSERVICES
ANNUAL CONTRACT
Page 4 of I1
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. Professional Liability
coverage shall be maintained for the duration of the contractual
agreement and for a minimum of five(5)years following completion
of the service provided under the contractual agreement or for the
warranty period whichever is longer. An annual certificate of
insurance submitted to the City shall evidence coverage.
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.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein
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d. The Engineer shall be responsible for providing notice to the City, of
cancellation, non-renewal, and/or material change in policy terms or coverage. I
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
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.
GEOTECHNICAL SPRVIC13S
ANNUAL CONTRACT
Page 5 of 11
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.
rn. 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
P sPi
Excess Liability insurance for any difference is required. Excess Liability
shall follow form with the primary coverage.
ARTICLE VII
ASSIGNMENT AND AMENDMENT
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Section 1. City and Engineer each bind themselves, and their respective legal successors
and assigns, to this Agreement. Engineer, its successors and assigns, shall not assign, t
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 I
executed by the parties. I
ARTICLE VIII
TERMINATION OF AGREEMENT
Section 1. City may terminate this Agreement at any time, for any cause, by notice in
writing to Engineer. Upon receipt of such notice,Engineer shall immediately discontinue
all services and work hereunder and the placing of all orders or the entering into contracts
for supplies, assis[ance, facilities, and materials, in connection with the performance of
this Agreement and shall proceed to cancel promptly all existing contracts insofar as they
are chargeable to this Agreement.
Section 2. If City chooses to terminate this Agreement tinder Article VIII, Section 1,
upon receipt of notice of termination, Engineer shall discontinue services gendered up to
GEOTECHNICAL SERVICES
ANNUAL CaNTRACT
Pap 6 of 11
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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 Agreement,
including the original drawings, whether furnished by the City, its officers, agents,
employees, consultants, engineers, or contractors, or prepared by Engineer, shall be or
become the property of the City, and shall be furnished to the City prior to or at the time
such services are completed, or upon termination or expiration of this Agreement.
ARTICLE IX
RIGHT TO AUDIT
(a) Engineer agrees that the City shall, until the expiration of three (3) years after final ,
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Engineer involving transactions
relating to this Agreement. Engineer agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions of
this section. City shall give Engineer reasonable advance notice of intended audits.
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(b) Engineer further agrees to include in all its subcontracts hereunder, a provision to the
effect that the subcontracting consultant agrees that the City shall,until the expiration
of three (3) years after final payment under the subcontract, have access to and the
right to examine any directly pertinent books, documents,papers and records of such
subconsultant, involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space in order to conduct audits in
compliance with the provisions of this article. 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. 20020-12-•2011, as amended, the City has goals
for the participation of minority business enterprises and woman business enterprises
and/or small business enterprises C%VBE and/or SBE") in City contracts. Engineer
acknowledges the M/BE(and/or SBE,if applicable)goal established for this contract and
its MBE (and/or SBE, if applicable) commitment. Any misrepresentation of facts (other
than a negligent misrepresentation) and/or the conunission of fraud by the Engineer may
aEo7ECHNICALSERVICES
ANNUAL CON1RACr
Page 7 aF l l
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result in the termination of this agreement and debarment fi�om participating in City
contracts for a period of time of not less than three(3)years.
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GL'OTECHNICAL SERVICES
ANNUAL CONTRACT
Pago 8 of II
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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 lI
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 XII
VENUE
Should any action,whether real or asserted, at law or in equity, arise out of or under this j
Agreement, venue for said action shall be exclusively in Tarrant County, Texas or the f
United States District Court for the Northern District of Texas,Fort Worth Division. _
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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
Thepro visions 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, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
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:
GEOTECHNICALSERVTCES
ANNUAL CONTRACC
PaP90 11
1. CITY OF FORT WORTH: Douglas W. Wiersig,PE, Ph.D., 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
Fort Worth, TX 76102
2 ENGINEER:
Apex Geoscience, Inc.
1009 Oalunead Dr.
Arlington, TX 76011
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
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GEOTM-INICAL SERVICAS
ANNUALCONTRACT
Page 10 of 11
ACCORDINGLY, the parties hereto have made and executed this agreement in multiple
originals effective as of the date and year subscribed by the City Manager or his designee.
Engineer Finn: CITY OF FORT WORTH
Apex Geoscience, Inc. )
By By:�:4--
Mitch Bernhard Fernando Costa
President Assistant City Manager
Date: �' "�y Date:
ATTEST: ° ��
X °°
00
/Maly J. K °
°
City Secreta> r AS
APPROVED AS TO FORM APPROVAL RECOMMENDED:
AND L A ITY Lj
Doug . .Black Douglas . Wiersig,PE, Ph.D.,Di for
Assistant City Attorney Transportation/Public Works Dept.
`{- if -1y
GEOTL•CI INICAL SERVICES
ANNUAL CONTRACT
Pagc I I or n
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Concrete
Compression Test C linclers(Min.4 per set),each $16.00
Air Content/Slum /Tem erature/Next Day Cylinder Pick up,hour $41.50 (Min 3 hours)
Vehicle charge in case of Usage _ $37.00
Flexural Beams, each $30.00
*** Coring 0" DTA to 6"depth 4/trip) ***$59.00 (Mut d Per trip)
per acid inch$6.35
2"Corinfor depth isolation to 6"each additional inch $42.00 (Min per trip)
Thickness Measurement,each $9.00
Patching of Core Holes,each $6.00
Coring Technician Time,hour $41.50
Flexural Test of Beams,each $30.00
Compression Test,each
Sawhi and/or Capping Cores& Cylinders,each $60.00
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 $580.00
Analysis/Unit WT-200,each
Additional Mix Design Utilizing Above Mix Analysis,cath $210.00
Mix Design Formulation Revision,each $210.00
Engineering Tech(NICET)for Quality Assurance Monitoring of Onsite Work, $48.00
hour
Pre-pour Reinforcing Steel Placement Inspection, hour $41.50
Sampling for In lab Test,hour $42.00
E ui ment Charge _ NIC _
Minimum Vehicle Charge _ $37.00
Batching Mix Design in Preparation for Making Lab Confirmation Cylinders $41.50
or Beams,hour
Batch Plant Observation Supporting Concrete Placement,hour $48.00
Concrete Flatness, Sq.Ft, per sq.ft. 50.02
min.$530.00
Certified Welding Inspector,hour i 565.00
Field Gradation Equipment,test _ N/C
Slump Test,each Include in Technician
time
*** Includes Cost of Technician Time Coring and Patching Core Holes
Page I of 5
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
I-uv`,AC
++Density Nuclear Method,hour ++$49.00
Core In place Densi each $34.00
Coring HMAC Technician Time,hour
Core Depth Measurement,core
PatchingCore Holes each $59.50 (Min 4/trip)
Min Vehicle Charge
4"DIA./6"Depth,core $45.00
Each Additional Inch,Inch $6.50
***
Rolling Pattern Nuclear Gauge,hour $49.00
Nuclear Moisture Density Gauge,day Inciuded in rate
Extraction and Gradation,each $180.00
Lab Density,each $45.00
Stability Test,each $170.00
Maximum Specific Gravity,each $78.00
Dis osal Fee NIC
Batch Plant Hot Bin Analysis,each $58.00
Material Sampling For In Lab Tests,hour $42.00
***Includes Gauge Charge
++First hour and half$170.00 any additional time after that is$49.00 per
hour,(includes Technician Time,Mobilization,Vehicle,Trip and Gauge
Charge).
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ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Professional
Chief Engineer/Scientist,hour $150.00
Senior Technician,hour $50.00
Senior Project Engineer/Professional Engineer,hour_ $130.00
Project En ' eer/Scientlst/Geolo ist,hour $110.00
Graduate Engineer/Project Manager,hour $90.00
Staff Scientist/Geologist/Engineer,hour $90.00
Project Inspector,hour $40.00
Clerical,hour $34.00
Drafter,hour $40.00
Engineering Technician,hour $41.50
Engineering and Re ort Review,hour $105.00
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ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
Geotechnical
Undisturbed Soil Sample,each $12.00 (per a-)
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 $52.00
Soil w/Additive,each $55.00
Bar Lineal Shrinkage,each $20.00
Moisture Density Relationship(Proctor) $150.00
Standard ASTM D-698),each
Moisture Density Relationship(Proctor) $179.00
Modified ASTM D-1517 ,each
THD 113E,each $190.00
Unit Weight,each $30.00
Unit Weight(Dry Rodded),each $30.00
-200 Sieve Analysis,each $34.00
Laboratory Moisture Content each $8.50
Sieve Analysis Fine Aggregate),each $62.00
Sieve Analysis(LESe 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
H Series 6points),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 ++$49.00/Ht•
Limed Soil Depth Measurement,each
++In Place Moisture Density(Nuclear Method Technician),hour ++$49.00
Grain Size Analysis Mechanical and Hydrometer),each $155.00
Unconfined Compression Test Including Moisture,each $35.00
Unconfined Compression Test Soil,each $38.00
Unconfined Compression Test Rock,each $48.00
Confined Compression Test(UU),each $104.00
Triaxial Test Unconsolidated Undrained,s eci $85.00
Triaxial Test Multiple Sta e,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 $375.00
Direct Shear Consolidated Undrained Sand&Gravel,point $200.00
Direct Shear Consolidated Undrained Sill&Clay,pohit $225.00
California Bearing Ratio,each $275.00
Page 4 of 5
1 t
ATTACHMENT A
FEE SCHEDULE
For Construction Material Testing and Geotechnical Borings
i
THD Triaxial,each $840.00
Percent Swell each $90.00
Permeabili Test Falun Head each $225.00 i
Permeabili Test Triaxial,each $325.00
Permeabili 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 f
Electrical Resistivity,THD Method,each $105.00
Truck Mounted Mobilization,mile and trip Mile-$4.00 i
Tri -$350.00 j
Buggy/Ave Mounted,mile and trip Mile-$6.00
Tri -$475.00 i
Per Diem Per MS da $100.00
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/Track 0-10'Depth,foot $16.00
Intermittent Soil Sampling w/ATV @ 5'Intervals 0-25'Depth,foot $13.00
Intermittent Soil Sam lin w/ATV @ 5'Intervals 25-50'Depth,foot $14.50
Intermittent Soil Sam w/ATV 5'Intervals 50-100'Depth,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 $25.00
Rock Corin w/NX Size,Core Barrel 25-50'Depth Carbide Bi foot $27.00
Rock Cor` w/NX Size,Core Barrel 50-75'Depth Carbide Bi foot $29.00
Rock Coring w/NX Size,Core Barrel 75-100'Depth Carbide ft foot $31.00
Rock Corin w/NX Size Core Barrel 50-75'Depth Diamond Bit,foot $33.00
CME 5'Continuous Sampler 0-50'Depth,run $16.00 Per Fr
Stand By or Access Time,hour $200.00
Drilling w/Au er Rig,hour $150.00
Minimum Drill Fee $700.00
Post Injection Sub-grade Evaluation Per Boring Including Moisture and Free $575.00
Swell Determination _
Minimum Post Injection Char a $1100.00
Field Time Eqgineer,hour $105.00
***Includes Gauge Charge
++First hour and half$170.00 any additional time after that is$49.00 per
hour,(includes Technician Time,Mobilization,Vehicle,Trip and Gauge
Charge).
Page 5 of 5
M&C-Council Agenda Page 1 o£2
i
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/15/2014
DATE: Tuesday,April 15, 2014 REFERENCE NO.: **C-26764
LOG NAME: 202014 GEOTECHNICAL CONTRACTS
SUBJECT:
Authorize Execution of One-Year Annual Contracts with Renewal Options for Geotechnical, Material, and
Environmental Testing for Various City Construction Projects with Apex Geosclence, Inc., ETTL Engineers
&Consultants, Inc., Fugro Consultants, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc.,
Landtec Engineers, LLC, Rene Engineering Services, Ltd.,and T.Smith Inspection &Testing, LLC,with a
Fee Not to Exceed$300,000.00 Annually Per Firm(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute individual contracts with
Apex Geoscience, Inc., ETTL Engineers&Consultants, Inc., Fugro Consultants, Inc., Globe Engineers,
Inc., Gorrondona&Associates, Inc., Landtec Engineers, LLC, Rone Engineering Services, Ltd.,T. Smith
Inspection &Testing, LLC,for geotechnical, material and environmental testing for various City
construction projects.The term of each contract is one-year with two one-year renewal options.The !
annual amount of each contract is up to$300,000.00.
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 contracts provide the City
with additional capacity as needed and allow for rapid response to departmental needs with pre- ;
established unit prices.
i
A Request for Qualifications(RFQ)was published for these services in the Fort Worth Star-Telegram in
January 2014.The Department received Statements of Qualification for professional services from 20
firms for providing onsite testing services. Each firm's proposal was evaluated based upon pre-
established selection criteria including qualification of personnel, experience and performance on previous
City contracts,and availability of testing equipment.An inter-departmental committee selected as most
qualified and recommends the following firms for contract approval,Apex Geoscience, Inc., ETTL
Engineers&Consultants, Inc., Fugro Consultants, Inc., Globe Engineers, Inc., Gorrondona&Associates,
Inc., Landtec Engineers, LLC, Rene Engineering Services, Ltd.,T.Smith Inspection &Testing, LLC.
Funding for the geotechnical, material, and environmental testing for various City construction projects will
be provided through various project funding sources.
The M/WBE office in conjunction with the Transportation and Public Works Department has determined
compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of SBE firms on this
project. Three of the eight firms recommended for award are SBE Certified which include Globe
Engineers, Inc., Gorrondona&Associates, Inc. and T. Smith Inspection and Testing, LLC.
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:
htti)://avOs.ofwnet.org/ecouncil/l)rintmc.MD?id=19678&t)rhii=true&Docl,vDe=Print 4/16/2014
M&C Review
Official
CITY COUNCIL AGENDA FORTWORTII
COUNCIL ACTION: Approved on 4/15/2014
DATE: 4/15/2014 REFERENCE **C-26764 LOG NAME: 202014 GEOTECHNICAL
NO.: CONTRACTS
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of One-Year Annual Contracts with Renewal Options for
Geotechnical, Material, and Environmental Testing for Various City Construction
Projects with Apex Geoscience, Inc., ETTL Engineers & Consultants, Inc., Fugro
Consultants, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., Landtec
Engineers, LLC, Rone Engineering Services, Ltd., and T. Smith Inspection & Testing,
LLC, with a Fee Not to Exceed $300,000.00 Annually Per Firm (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute individual contracts
with Apex Geoscience, Inc., ETTL Engineers & Consultants, Inc., Fugro Consultants, Inc., Globe
Engineers, Inc., Gorrondona &Associates, Inc., Landtec Engineers, LLC, Rone Engineering
Services, Ltd., T. Smith Inspection & Testing, LLC, for geotechnical, material and environmental
testing for various City construction projects. The term of each contract is one-year with two one-
year renewal options. The annual amount of each contract is up to $300,000.00.
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
contracts provide the City with additional capacity as needed and allow for rapid response to
departmental needs with pre-established unit prices.
A Request for Qualifications (RFQ) was published for these services in the Fort Worth Star-
Telegram in January 2014. The Department received Statements of Qualification for professional
services from 20 firms for�providing onsite testing services. Each firm's proposal was evaluated
based upon pre-established selection criteria including qualification of personnel, experience and
performance on previous City contracts, and availability of testing equipment. An inter-
departmental committee selected as most qualified and recommends the following firms for
contract approval, Apex Geoscience, Inc., ETTL Engineers & Consultants, Inc., Fugro
Consultants, Inc., Globe Engineers, Inc., Gorrondona &Associates, Inc., Landtec Engineers, LLC,
Rone Engineering Services, Ltd., T. Smith Inspection &Testing, LLC.
Funding for the geotechnical, material, and environmental testing for various City construction
projects will be provided through various project funding sources.
The M/WBE office in conjunction with the Transportation and Public Works Department has
determined compliance with the City's Business Diversity Enterprise Ordinance by the inclusion of
SBE firms on this project. Three of the eight firms recommended for award are SBE Certified
which include Globe Engineers, Inc., Gorrondona &Associates, Inc. and T. Smith Inspection and
Testing, LLC.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19678&councildate=4/15/2014[6/27/2016 1:41:31 PM}
M&C Review
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.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Ryan Jeri (7920)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19678&councildate=4/15/2014[6/27/2016 1:41:31 PM]